Gray v. State

1. A charge to the jury that “the indictment sets out a case against the defendant, that is, it charges a case against the defendant, a violation of a State law” (italics ours) is not an instruction that the indictment is evidence of the guilt of the accused. The court expressly charged, in addition to the law of presumption of innocence, etc., that “the grand jury . . found and returned into this court a true bill!’ against the defendant “charging him with the possession of liquor,” and “his plea of not guilty and the indictment . . form the issue which you are trying and you will determine…