State v. McHenry

Defendant Betty McHenry appeals her jury conviction of the crime of unlawful possession of a controlled substance. Defendant challenges the failure of the trial court (1) to instruct on the presumption of innocence; (2) to instruct directly on the necessity for proof of each element of the crime beyond a reasonable doubt; and (3) to define the term “unlawful” in the crime charged. After thorough consideration of these omissions, we are compelled to reverse.

Defendant presented no testimony at trial to dispute the facts adduced by the state’s witnesses. It is uncontroverted that officers of the…