Elliot v. State

The appellant, Shawn Wayne Elliot, appeals his judgment and sentence for second-degree murder. He argues on appeal that the trial court fundamentally erred by failing to specifically instruct the jury that the State had the burden to prove beyond a reasonable doubt that the killing was not an act of justifiable or excusable homicide. We reject this argument for the reasons that follow and affirm.

The appellant was charged by indictment with the premeditated murder of Ira Dixon. The State’s theory was that the appellant, fueled by alcohol and drugs and the fact that Dixon was hitting on his…