Speed v. State

It is not deemed useful to elaborate any of the *752headnotes except the fifth. The movant complains that the court erred in failing to charge the jury in the language of the Penal Code, § 1020, as follows: "The burden of proof generally lies upon the party asserting or affirming a fact, and to the existence of whose case or defense the proof of such fact is essential. If a negation or negative affirmation be so essential, the proof of such negative lies on the party affirming it.” There was no> request so to charge. The court did instruct the jury: "The defendant enters on the trial of her case…