Simmons v. State, 3-776A181
Decision Date | 06 February 1979 |
Docket Number | No. 3-776A181,3-776A181 |
Citation | 179 Ind.App. 342,385 N.E.2d 225 |
Parties | Donty Ledel SIMMONS, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee. |
Court | Indiana Appellate Court |
Harriette Bailey Conn, Public Defender, Ihor N. Boyko, Deputy Public Defender, Indianapolis, for defendant-appellant.
Theo. L. Sendak, Atty. Gen., Alembert W. Brayton, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.
Donty Ledel Simmons was tried by jury and convicted of burglary. Simmons tendered an instruction which stated in pertinent part: 1
The court rejected this instruction. While it instructed the jury on the requirement of proof beyond a reasonable doubt, no instruction mentioned or attempted to define the presumption of innocence. 2 We find this constitutes reversible error.
Our Supreme Court's early decision in Farley v. State (1891), 127 Ind. 419, 26 N.E. 898, held it necessary upon request to advise the jury that the presumption of innocence continues throughout the trial, and that it is the jury's duty to reconcile the evidence upon the theory of defendant's innocence if they can do so. See also Ridge v. State (1923), 192 Ind. 639, 137 N.E. 758.
More recently the United States Supreme Court found upon the facts a violation of a defendant's right to due process under the Fourteenth Amendment where the court instructed on the burden of proof beyond a reasonable doubt, but refused to instruct on the presumption of innocence. Taylor v. Kentucky (1978), 436 U.S. 478, 98 S.Ct. 1930, 56 L.Ed.2d 468.
To continue reading
Request your trial-
Underhill v. State
...v. Kentucky, (1978) 436 U.S. 478, 98 S.Ct. 1930, 56 L.Ed.2d 468; Jalbert v. State, (1928) 200 Ind. 380, 165 N.E. 522; Simmons v. State, (1979) Ind.App., 385 N.E.2d 225. Defendant's contention was succinctly refuted by "(I)t the presumption of innocence) cannot be regarded as 'matter of evid......
-
Vaughan v. State
...Indiana has long required an instruction both on the presumption of innocence and the State's burden of proof. E.g., Simmons v. State, (1979) Ind.App., 385 N.E.2d 225; Long v. State, (1874) 46 Ind. 582. This requirement is despite the fact that the presumption of innocence and the State's b......
-
Estes v. State
...Robey v. State, 454 N.E.2d 1221, 1222 (Ind.1983) (citing Farley v. State, 127 Ind. 419, 26 N.E. 898 (1891); Simmons v. State, 179 Ind.App. 342, 385 N.E.2d 225 (1979))). The Lee court held that the challenged jury instructions were inadequate to address the presumption of innocence and obser......
-
Brakie v. State
...if they could do so, must be given if requested.” Id. (citing Farley v. State, 127 Ind. 419, 26 N.E. 898 (1891) ; Simmons v. State, 179 Ind.App. 342, 385 N.E.2d 225 (1979) ).In Farley, upon which Robey principally relies, the Indiana Supreme Court noted that although the trial court “gave g......