Shifflett v. Commonwealth

Melvin Irving Shifflett was convicted by a jury of committing sodomy and a malicious wounding of Diane Kruger. The defendant was sentenced by the trial court to serve five years and thirteen years, respectively, in the state penitentiary. His petition for appeal of the malicious wounding conviction questions the action of the trial court in granting an instruction which reads as follows:

Instruction No. 11. THE COURT instructs the Jury that a man is presumed to do that which he voluntarily does, and if you believe from the evidence beyond a reasonable doubt that the Defendant, Melvin Irving…