{
  "id": 4674346,
  "name": "UNITED STATES OF AMERICA, Appellee, v. BENITO GRIEGO, Appellant",
  "name_abbreviation": "United States v. Griego",
  "decision_date": "1904-01-06",
  "docket_number": "No. 936",
  "first_page": "84",
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    "name": "Supreme Court of New Mexico"
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      "cite": "156 U. S. 453",
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    {
      "cite": "72 Pac. 20",
      "category": "reporters:state_regional",
      "reporter": "P.",
      "weight": 2,
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  "last_updated": "2023-07-14T19:05:16.566872+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Baker, and Parker, JJ., concur. McFie, A. J., dissents, adhering to the former opinion in this case. Pope, A. J., not having heard the argument, took no part in this decision."
    ],
    "parties": [
      "UNITED STATES OF AMERICA, Appellee, v. BENITO GRIEGO, Appellant."
    ],
    "opinions": [
      {
        "text": "MILLS, C. J.\nThis case is before us for rehearing, the judgment and sentence of the court below having been sustained by a divided court, as will appear from an inspection of the case which is reported in 72 Pac. 20.\nIt is but proper to say that the learned judge who presides regularly over the district court for the First judicial district, did not try this case.\nThe opinion heretofore handed down by us in this case is reaffirmed, except that part of it which relates to the assignment of error which calls in question one of the instructions given by the trial court, which instruction reads as follows:\n\u201cIf on the other hand, you find from the evidence beyond a reasonble doubt that the defendants within three years previous to March 1, 1901, occupied the sleeping apartment alone, as a sleeping room, that circumstance alone raises a presumption of guilt.\u201d\nIt is an elementary principle of criminal law that an accused is presumed to be innocent until his guilt has been proven beyond a reasonable doubt. It needs no citation of authority to sustain this proposition. Such has been the uniform holding of the courts of this country, both Federal and State. \u201cThe principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.\u201d Coffin v. United States, 156 U. S. 453.\nIf the court charged the jury that if they believed from the evidence beyond a reasonable doubt that the defendants within three years next previous to the date of the returning of the indictment into court (giving the proper date of such return), occupied the sleeping apartment alone as a sleeping room, that circumstance may be considered by you, in arriving at your verdict, such instruction would have been proper, but charging in a separate and special instruction, \u201cthat circumstance alone raises a presumption of guilt,\u201d is we believe improper, as it tends to take away the presumption of innocence with which the defendant in a criminal case is clothed, until a jury finds him guilty.\nWe will not seek to try to explain how the majority of us came to sign the opinion in Griego v. United States, 72 Pac. 20, but as it is manifest to us that in so doing we committed error, we will content ourselves with reversing the case, and will remand it to the United States district court, for the First judicial district, territory of New Mexico, for furher proceeding; and it is so ordered.\nBaker, and Parker, JJ., concur. McFie, A. J., dissents, adhering to the former opinion in this case. Pope, A. J., not having heard the argument, took no part in this decision.",
        "type": "majority",
        "author": "MILLS, C. J."
      }
    ],
    "attorneys": [
      "William B. Childers, U. S. Attorney, for appellee.",
      "A. B. Renehan for appellant."
    ],
    "corrections": "",
    "head_matter": "[No. 936.\nJanuary 6, 1904.]\nUNITED STATES OF AMERICA, Appellee, v. BENITO GRIEGO, Appellant.\nSYLLABUS.\nThe words, \u201cthat circumstance alone raises a presumption of guilt\u201d in an instruction in a criminal case which reads, \u201cIf on the other hand, you find from the evidence beyond a reasonable doubt that the defendants within three years previous to .... occupied the sleeping apartment alone, as a sleeping room, that circumstance alone raises a presumption of guilt,\u201d is error as tending to strip from the defendant the presumption of innocence with which he is clothed until found guilty by a jury.\nAppeal from the district court of the Second judicial district, before Daniel H. McMillen, Associate Justice.\nReversed and remanded.\nON REHEARING.\nWilliam B. Childers, U. S. Attorney, for appellee.\nA. B. Renehan for appellant.\nThe charge of the court was an erroneous statement of the effect of the evidence, and an invasion of the province of the jury as to the construction which they might give to the facts mentioned.\nHickory v. United States, 160 U. S. (L. Ed.), 475; Alberty v. United States, 162 U. S. (L. Ed.), 1051; Allen v. United States, 164 U. S. (L. Ed.), 528; Starr v. U. S., 164 U. S. (L. Ed.), 577; Dunbar v. United States, 156 U. S. (L. Ed.), 395; Doly v. The State, 7 Blackford 427; The State v. Arthur, 23 Iowa 430; Sheffield v. The State, 43 Texas 378.\nThe prisoner had the right to the judgment of the jury upon the facts, uninfluenced by any direction from the court as to the weight of the evidence.\nHopt v. Utah, 110 U. 8. 583.\nAn instruction that the jury \u201cought to presume^ is he]d objectionable as \u201cremoving the whole matter of fact from the jury and compelling them to decide the point as a conclusive presumption of law.\u201d\nColumbia Insurance Company v. Lawrence, 10 Peters 519; Peterson\u2019s Ex. v. Elliott, 9 Maryland 64; Newman v. McComas, 43 Maryland 81.\nAn instruction which seeks to withdraw from the jury the right to determine a matter of fact is properly refused.\nThe City v. Babcock, 3 Wallace 244; Wood v. Cochran, 150 U. S. (L. Ed.), 1199; Territory v. Lucero, 8 N. M. 549.\nThe law- will not countenance any presumption of law, which by overcoming the presumption of innocence, will cast the burden of proving his innocence upon the defendant.\nUnderhill Cr. Ev., sec. 19, p. 27; Coffin v.' United States, 156 U. S. 447.\nThe presumption of innocence accompanies the accused until the verdict is rendered.\nUnderhill Cr. Ev., sec. 19, p. 27; People v. O\u2019Brien, 106 Cal. 104.\nThe bust two axioms are nullified by the instruction in controversy in this case.\nHickory v. \u00fc. S., 160 U. S. (L. Ed.), p. 479; Territory v. Lucerro, 8 N. M'. 550; Bird v. United States, U. 8. Supreme Ct. Rep. Co-op. Adv. Sheets, Dec. 15, \u00cd902, p. 42; Wharton\u2019s Or. Ev., sec. 707.\nIn civil cases, such as those for divorce see\nEncy. L. (2 Ed.), p. 757, 758, and cases cited.\nThe proof of the offense may be as of any day, before of after the day alleged, but it must be within the Statute of Limitations.\n1 Bish. Grim. Prac., sec. 400."
  },
  "file_name": "0084-01",
  "first_page_order": 100,
  "last_page_order": 103
}