This section contains the nature of the case and procedural background.

Taylor (D) was tried for robbery in 1976. His counsel requested that the judge read instructions to the jury stating that 'the law presumes a defendant to be innocent of a crime: and that the indictment, previously read to the jury, was not evidence to be considered against D. The court declined to give either instruction. D was found guilty. The Kentucky Court of Appeals affirmed. The Supreme Court of Kentucky denied discretionary review. The United States Supreme Court granted certiorari.

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