(Download) "Roger Jones v. Warden" by United States Court of Appeals for the Fourth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Roger Jones v. Warden
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 17, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
"In a criminal prosecution, the State is required to prove beyond a reasonable doubt every material element of the crime with which the defendant is charged, and it is error for the court to instruct the jury in such a manner as to require it to accept a presumption as proof beyond a reasonable doubt of any material element of the crime with which the defendant is charged or as requiring the defendant either to introduce evidence to rebut the presumption or to carry the burden of proving the contrary." Syllabus point 4, State v. Pendry, W.Va. , 227 S.E.2d 210 (1976).