California, United States of America
The following excerpt is from People v. Buccat, H038875 (Cal. App. 2014):
guilt is proven. It is well established that the presumption of innocence remains with the accused throughout every stage of the trial, including the jury deliberations, and it is extinguished only upon the jury's determination that guilt has been established beyond a reasonable doubt. " 'The 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.' [Citation.]" (Taylor v. Kentucky (1978) 436 U.S. 478, 483.) However, when read in context with the rest of the explanation, the prosecutor accurately informed the jury that appellant was presumed innocent and it was not unless or until they had examined all the evidence and found it sufficient to prove appellant guilty that the presumption ended. In the prosecutor's words the jury had to "use the evidence to pull back the cloak and show the guilt" and the presumption ended when they found "the defendant guilty."
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