McKibben v. State

Complaint is made as to the following charge by the court: “He files his plea of not guilty, thereby putting the burden on the State to prove each and every allegation in the bill of indictment as alleged, to your satisfaction, beyond a reasonable doubt. The presumption was at the outset that he was innocent. That legal presumption of innocence alone entitles him to an acquittal at your hands unless overcome by proof of guilt beyond a reasonable doubt.” It is contended that such charge was misleading and confusing in that the use of the word “outset” limited the presumption of innocence in…