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      CCRP 804     


Art. 804.  Same; charge as to presumption of innocence, reasonable doubt, and several grades of offense

A.  In all cases the court shall charge the jury that:

(1)  A person accused of crime is presumed by law to be innocent until each element of the crime, necessary to constitute his guilt, is proven beyond a reasonable doubt;

(2)  It is the duty of the jury, in considering the evidence and in applying to that evidence the law as given by the court, to give the defendant the benefit of every reasonable doubt arising out of the evidence or out of the lack of evidence in the case; and

(3)  It is the duty of the jury if not convinced of the guilt of a defendant beyond a reasonable doubt, to find him not guilty.

The court may, but is not required to, define "the presumption of innocence" or "reasonable doubt" or give any other or further charge upon the same than that contained in this article.

B.  When there are several grades of an offense contained in a single count, the court shall charge the jury as to each grade of which the defendant could be found guilty.  The court shall in that case also charge the jury that if it has a reasonable doubt as to any or all grades of the offense charged it shall find the defendant not guilty of that grade, or all grades of the offense, as the case may be.

Amended by Acts 1968, No. 144, §1.

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