38721 | Tex. Crim. App. | Nov 24, 1965
Medford BENNETT, Appellant,
v.
The STATE of Texas, Appellee.
Court of Criminal Appeals of Texas.
Cox & Hurt by Joe L. Cox, Plainview, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
McDONALD, Presiding Judge.
The offense is selling beer in a dry area; the punishment, a fine of $500.00.
The state does not seek an affirmance of this case because the trial court failed to charge the jury on the law relative to presumption of innocence and reasonable doubt. A proper objection and exception was taken to the court's ruling. For a discussion of the principle controlling the charge of the court on the presumption of innocence, see Johnson v. State, 27 White & W. 163, 11 S.W. 106" date_filed="1889-01-30" court="Tex. App." case_name="Johnson v. State">11 S.W. 106; Gallaher v. State, 28 White & W. 247, 12 S.W. 1087" date_filed="1889-06-28" court="Tex. App." case_name="Gallaher v. State">12 S.W. 1087; Johnson v. State, 29 White & W. 150, 15 S.W. 647" date_filed="1890-10-25" court="Tex. App." case_name="Johnson v. State">15 S.W. 647; Hurley v. State, 30 Tex. App. 333, 17 S.W. 455" date_filed="1891-10-31" court="Tex. App." case_name="Hurley v. State">17 S.W. 455. We held in Harris v. State, 150 Tex. Crim. 36" date_filed="1946-12-11" court="Tex. Crim. App." case_name="Harris v. State">150 Tex. Crim. 36, 198 S.W.2d 1020, that failure to give requested instruction that every defendant in a criminal case is presumed to be innocent until his guilt is established beyond a reasonable doubt was error. "The presumption of innocence is the most valuable of the defendant's rights, and it seems that a charge upon this subject is essential in every criminal case." Sessums v. State, 155 Tex. Crim. 563" date_filed="1951-03-21" court="Tex. Crim. App." case_name="Sessums v. State">155 Tex. Crim. 563, 237 S.W.2d 629. Also see Walker v. State, 146 Tex. Crim. 321, 174 S.W.2d 974.
Upon another trial, a proper charge on the subject should be given.
For the errors herein pointed out, the judgment of the trial court is reversed and the cause remanded.