49 S.E.2d 489 | Ga. | 1948
1. In all criminal cases, including homicide cases, tried under a plea of not guilty, the presumption of innocence is a fundamental doctrine of American criminal jurisprudence. This presumption remains with the defendant throughout the progress of the trial, unless and until it be overcome in the minds of the jury from what is adduced on the stand, under the rules of law as given by the court. When the presumption of innocence may in fact be overcome in their minds, and the burden shifted, is but a rule of evidence. Even in the plainest of cases, it is for the jury to determine as a matter of fact under instructions from the court, and not for the court to determine as a matter of law, whether such original presumption of innocence has or has not been overthrown. This court has often dealt with the rule of evidence as to when, in a homicide case, the burden is shifted, by approving or disapproving instructions given by the court to the jury on this subject. In Mann v. State,
2. Since the case must be retried, it is well to stress again the previous admonition of this court that it is reversible error to give in charge the provisions of Code §§ 26-1011, 26-1012 in such a manner as to confuse the jury in a proper application of the principles of law as contained in § 26-1014. Franklin v. State,
3. The remaining grounds of the motion for new trial have been considered and are without merit.
Judgment reversed. All the Justices concur, except Bell, J., absent on account of illness.