Small v. State

BROWN, Justice.

Appellant was convicted by a jury of involuntary manslaughter. Because his status was also determined by the jury to be that of an habitual criminal, his sentence was enhanced to life imprisonment.

According to appellant the issues are: “I. Whether Appellant’s constitutional right to due process of law was abridged by the trial court’s refusal to instruct the jury regarding the burden of proof on the issue of self-defense.

“II. Whether the trial court erred in its instructions to the jury regarding the law on the issue of duty to retreat.

“HI. Whether the enhanced penalty…