# Ronald Maurice Stump v. John Bennett, Warden, Iowa State Penitentiary, Fort Madison, Iowa

> Court of Appeals for the Eighth Circuit · December 16, 1968 · 398 F.2d 111

URL: https://www.frixlaw.com/law-library/cases/9453822

## Case

- **Full name:** Ronald Maurice STUMP, Appellant, v. John BENNETT, Warden, Iowa State Penitentiary, Fort Madison, Iowa, Appellee
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** December 16, 1968
- **Citations:** 398 F.2d 111
- **Precedential status:** Published
- **Opinion:** Dissent by Matthes
- **Judges:** Van Oosterhout Mehaffy, Van Oosterhout, Vogel, Matthes, Blackmun, Mehaffy, Gibson, Lay, Heaney
- **Cited by:** 114 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9453822

## Opinion text

MATTHES, Circuit Judge, with whom Chief Judge VAN OOSTERHOUT and Circuit Judge MEHAFFY
join, dissenting.
I concur in Chief Judge VAN OOST-ERHOUT’s dissent.
In examining the trial court’s comprehensive instructions, I find that the jury was informed on at least twelve different occasions that it was required to determine beyond a reasonable doubt that defendant had committed the offense before it could find him guilty. In this posture, it is inconceivable to me that the defendant was deprived of the presumption of innocence by reason of the alibi instruction. I believe that the jury, presumptively composed of reasonably intelligent persons, understood that all essential elements of the offense had to be established beyond a reasonable doubt. For this reason I am unable to comprehend any rational basis upon which to interfere with the judgment of the state court in this post-conviction proceeding.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9453822. Public record. Not legal advice.