A defendant in a criminal action is presumed to be innocent until he is proved guilty of the offense charged, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he shall be acquitted. The presumption of innocence places upon the state (or the municipality) the burden of proving him guilty beyond a reasonable doubt.

Terms Used In Ohio Code 2938.08

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • state: means the state of Ohio. See Ohio Code 1.59
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

In charging a jury the trial court shall state the meaning of the presumption of innocence and of reasonable doubt in each case.

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