Miklencic v. United States

WOOLLEY, Circuit Judge.

Mikleneie was tried and convicted for violating the National Prohibition Act (27 US *1045CA). On appeal lie raised two questions: (l) Was there sufficient evidence to submit tho case to the jury? We promptly answer, there was. (2) Did the court err in charging the jury there is no presumption of innocence? In answering this question we do not think the learned trial judge intended by his instruction to make an absolute negation of tho presumption yet, even as he qualified it, we fear such must have been the understanding of the jury. What happened was this: Tho learned trial…