State v. Herring

Jim Herring and three others were prosecuted for murder. He and one other were convicted of manslaughter, and he alone has appealed. The point presented to this court arises from the refusal of the trial court to give the following charge:

“Where the defendant admits the killing and sets up the plea of self-defense, the burden _ of proof is upon the state to prove that the killing was unjustifiable. The burden of proof does not shift from the state to the defendant.”

The statement per curiam, which is added to the defendant’s bill of exception, is as follows:

“The court charged the jury that in…