McDANIEL v. STATE

25462.

225 Ga. 695 (1969)

171 S.E.2d 358

McDANIEL v. THE STATE.

Supreme Court of Georgia.

Decided November 6, 1969.


Attorney(s) appearing for the Case

Jess Watson, Margaret Hopkins, for appellant.

Lewis R. Slaton, District Attorney, Tony H. Hight, J. Melvin England, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, William R. Childers, Jr., Assistant Attorneys General, for appellee.


NICHOLS, Justice.

Richard Earl McDaniel was indicted, tried and convicted of the offense of rape. Upon a recommendation of mercy by the jury, the defendant was sentenced to life imprisonment. A motion for new trial was filed and overruled and the present appeal filed. The sole enumeration of error is that the trial court erred in failing to instruct the jury on the presumption of innocence. Held:

An instruction to a jury while evidence is being admitted...

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