STATE v. HOLMES

No. 13632.

338 N.W.2d 104 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Timothy J. HOLMES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 31, 1983.


Attorney(s) appearing for the Case

John T. Elston, Pennington Co. Public Defender's Office, Rapid City, for defendant and appellant.

Richard Dale, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.


FOSHEIM, Chief Justice.

Appellant Timothy J. Holmes was convicted of receiving stolen property in violation of SDCL 22-30A-7. He appeals, alleging that the trial court erred in refusing his proposed jury instruction on presumption of innocence. We affirm.

At trial, appellant cross-examined the State's witnesses but did not testify or present evidence on his behalf. In settling the jury instructions, the trial court refused appellant's request to include South...

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