California, United States of America
The following excerpt is from People v. Aviles, F071781 (Cal. App. 2018):
In any event, the claim fails on the merits. "A defendant is presumed innocent until proven guilty, and the government has the burden to prove guilt, beyond a reasonable doubt, as to each element of each charged offense. [Citations.]" (People v. Booker (2011) 51 Cal.4th 141, 185; see 1096.) "That presumption continues to operate until overcome by proof of guilt beyond a reasonable doubt" (United States v.
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Fleischman (1950) 339 U.S. 349, 363), and remains with the defendant until the jury concludes, based on all the evidence and beyond a reasonable doubt, that he or she is guilty (People v. Arlington (1900) 131 Cal. 231, 235-236).
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