The opinion
ON DENIAL OF PETITION FOR REHEARING
KNUDSON, Chief Justice.
Petitioner Buell Warner vigorously contends that instruction No. 22 was prejudicial and confusing, contending that “it takes away the defendants’ right to rely on the presumption of innocence and the law that he need not prove his innocence.” We agree that a portion of this instruction is subject to criticism as being to some extent confusing and for that reason should not be used. We do not agree that in this case it was reversible error.
By the language used in no less than four other instructions, which were given by the trial court, the jury was specifically and repeatedly instructed that the defendant is presumed to be innocent through all the stages of the trial until proved guilty beyond a reasonable doubt; that such presumption is an initial, substantive part of the law and may not be disregarded.
Petition for rehearing is denied.
McQUADE, McFADDEN, TAYLOR and SMITH, JJ., concur.