14 Ga. App. 757 | Ga. Ct. App. | 1914
1. In this State it is settled, by repeated decisions, that the failure of the trial judge to charge the jury in a criminal case to the effect that the defendant enters upon the trial with the presumption of innocence in his favor, and that this presumption remains with him until overcome by evidence sufficient to satisfy the jury of his guilt beyond a reasonable doubt, is reversible error. The court in this case erred in failing to charge the jury to this effect. See Reddick v. State, 11 Ga. App. 150 (74 S. E. 901); Butts v. State, 13 Ga. App. 274 (79 S. E. 87) ; Thurman v. State, ante, 543 (81 S. E. 796) ; Coffin v. U. S., 156 U. S. 432 (15 Sup. Ct. 394, 39 L. ed. 481).
2. The charge of the judge, construed as a whole, is free from reversible error, except in the omission referred to above. Judgment reversed.