Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.
The trial court's instructions to the jury deprived defendant of a fair trial. In its preliminary instructions, the court stated "If the evidence disproves [defendant's] guilt then you find him not guilty", thus shifting the burden of proof onto defendant. The error was compounded in the trial court's final instructions to the jury, when the court noted:...
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