People v. Cowan
Annotate this CaseA jury found defendant guilty of one count of sodomy of a person under age 10; two counts of oral copulation with a person under age 10; and two counts of lewd acts on a child. The jury also found true that both counts of lewd acts on a child involved substantial sexual conduct. During closing argument, the prosecutor told the jury that the presumption of innocence applies only until the charges are read. The court concluded that when a prosecutor argues to a jury the presumption of innocence and the burden of proof beyond a reasonable doubt, she or he may not mislead jurors with an incorrect explanation that lightens the prosecution's burden. In this case, the overwhelming evidence against defendant and the trial court's instructions rendered the prosecutorial misconduct harmless. Accordingly, the court affirmed the judgment.
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