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UNITED STATES v. WINTERS

No. 73 Cr. 582.

389 F.Supp. 1392 (1975)

UNITED STATES of America v. Arthur T. WINTERS and Paul Roberts, a/k/a Paul Di Benedetto, Defendants.

United States District Court, S. D. New York.

January 21, 1975.

Attorney(s) appearing for the Case

Paul J. Curran, U. S. Atty., Attorney for the Government by Douglas F. Eaton, Paul Vizcarrondo, Jr., Asst. U. S. Attys., of counsel, for United States.

F. Lee Bailey, Boston, Mass., for defendant Arthur T. Winters.

John P. Breen, New York City, for defendant Paul Roberts, a/k/a Paul Di Benedetto.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge.

"Any defendant may rely on the presumption of innocence and need do nothing more. The presumption of innocence is removed only when the government sustains its burden of proving the guilt of the defendant beyond a reasonable doubt."

"A reasonable doubt is a doubt founded in reason and arising out of the evidence in the case or the lack of evidence."

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