UNITED STATES v. NELSON

No. 73-1451.

498 F.2d 1247 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew Charles NELSON, Paul Miller Harrison, James Welty and Sandra Welty, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 2, 1974.


Attorney(s) appearing for the Case

Harry Lee Hudspeth, El Paso, Tex. (Court-appointed), for Andrew Charles Nelson.

Pat E. Dwyer, El Paso, Tex. (Court-appointed), for Paul Miller Harrison.

Marc Prelo, Jr., Albuquerque, N. M., for James and Sandra Welty.

William S. Sessions, U. S. Atty., San Antonio, Tex., Ralph E. Harris, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and INGRAHAM, Circuit Judges.


INGRAHAM, Circuit Judge:

Among other contentions asserted on this appeal, defendants Andrew Charles Nelson, Paul Miller Harrison, Sandra Welty and James Welty argue, and we think correctly, that the trial court committed reversible error when it failed to instruct the jury on the presumption of innocence. As early as 1895 the Supreme Court recognized that, if the accused requests an instruction on the presumption of innocence, a court must give such an instruction...

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