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.