Houston v. State

Citations

• 24 Fla. 356

Syllabus

<p>1. The provisions of section 4 of the act to suppress gambling- houses and gambling, approved June 7, 1887, making' the finding of any implements commonly used in games of chance usually played in gambling- houses, or by gamblers, prima facie evidence that-the house or place where the same are found is kept for the purpose of gambling, does not have the effect to deprive a person charged with keeping and maintaining a room for the purpose of gambling, of the benefit and protection of the presumption of innocence which remains with every one on trial for crime as long- as there is a reasonable doubt of his guilt.</p> <p>2. The judge having failed to charge the jury that the law presumes every man innocent until he is proven guilty by proper evidence, and that if they had any reasonable doubt of the guilt of the dedefendant, arising from the evidence, they should acquit him, and having refused to instruct them in effect that the 4th section of' the statute referred to above did not remove the presumption referred to, a new trial should be granted, as the jury may have withheld from the defendant the benefit of such presumption of innocence.</p>