Page:Williams v. State, 259 Ark. 667, 535 S.W.2d 843 (1976).pdf/6

672 The instruction offered was not a correct statement of the law, so its refusal was not error. Walker v. State, 241 Ark. 300, 408 S.W. 2d 905, appeal dism. and cert. den. 386 U.S. 682. 87 S. Ct. 1325, 18 L. Ed. 2d 403, reh. den. 387 U.S. 926, 87 S. Ct. 2027, 18 L. Ed. 2d 987.

The third point for reversal is well taken. Appellant elected not to testify and offered no evidence. He had entered a plea of not guilty. By so doing, he availed himself of any defense and all matters of justification and excuse available under the law, which are not required to be specifically pleaded. Baker v. State, 236 Ark. 91, 365 S.W. 2d 119; Flake v. State, 156 Ark. 34, 245 S.W. 174. He put all material facts alleged in the information in issue. Ark. Stat. Ann. § 43-1223 (Repl. 1964); Hill v. State, 253 Ark. 512, 487 S.W. 2d 624. Even the most patent truths were in issue. Roe v. U.S., 287 F. 2d 435 (5 Cir., 1961); cert. den. 368 U.S. 824, 82 S. Ct. 43, 7 L. Ed. 2d 29. This plea was a continuing denial of every bit of evidence and every statement of every witness who testified against him. State v. Whitney, 7 Ore. 386 (1879); United States v. DeAngelo, 138 F. 2d 466 (3 Cir., 1943); State v. Godwin, 227 N.C. 449, 42 S.E. 2d 617 (1947). More importantly, he invoked his right to the presumption of his innocence and put the burden upon the state to prove his guilt beyond a reasonable doubt, as well as the right to remain silent in the hope that the jury would not be convinced of his guilt beyond a reasonable doubt. State v. Hardy, 189 N.C. 799, 128 S.E. 152 (1925); State v. Godwin, supra.

The presumption of innocence is so strong that it serves an accused as evidence in his favor throughout the trial and entitles him to an acquittal unless the state adduces evidence which convinces the jury beyond a reasonable doubt that he is guilty of the crime charged. Cranford v. State, 156 Ark. 39, 245 S.W. 189. It is a fundamental right in the American system antedating any constitution and an essential of due process of law. Reynolds v. United States, 238 F. 2d 460 (9 Cir., 1956); Shargaa v. State, 102 S. 2d 814 (Fla., 1958), cert. den. 358 U.S. 873, 79 S. Ct. 114, 3 L. Ed. 2d 104; State v. Cynkowski, 19 N.J. Super. 243, 88 A. 2d 220 (1952); aff'd. 10 N.J. 571, 92 A. 2d 782 (1952); People v. Morris, 260 Cal. App. 2d 848,67 Cal. Rptr. 566 (1968); People v. Weinstein, 35 Ill. 2d