Guenther v. State

On rehearing.

Appellant states that the first charge listed in the opinion was refused in Jaco v. State, 20 Ala.App. 559, 103 So. 917, and this action constituted reversible error.

There is no question but that the legal presumption of innocence is evidence in behalf of the defendant and he is entitled to have the jury charged to that effect. Gordon v. State, 268 Ala. 517, 110 So.2d 334; Amos v. State, 123 Ala. 50, 26 So. 524; Harris v. State, 123 Ala. 69, 26 So. 515; Bryant v. State, 116 Ala. 445, 23 So. 40; Newson v. State, 107 Ala. 133, 18 So. 206; Perry v. State, 37 Ala.App. 683, 74 So.2d…