Blair v. State

Banke, Chief Judge.

Blair appeals his conviction of mutiny in a penal institution, enumerating as error the trial court’s failure to charge the jury on the presumption of innocence. Held:

“ The failure of a trial judge in a criminal case to charge the jury to the effect that the defendant enters upon his trial with a presumption of innocence in his favor, and that this presumption remains with him, in the nature of evidence, until rebutted by proof satisfying the jury of his guilt to the exclusion of reasonable doubt, is error requiring the grant of a new trial. [Cit.]’ ” Reaves v. State, 146…