Lester v. State

COLEMAN, Justice.

David E. Lester was convicted of murder in the second degree and appealed to the Court of Appeals. That court reversed because of error in a portion of the oral charge of the trial court to which exception was reserved. The State now applies for certiorari and complains that the Court of Appeals erred because that court failed to consider the entire oral charge and also misconstrued the meaning of the phrase “burden of proof.”

In brief the State quotes at length from Jones on Evidence (5th Edition), Vol. 1, §§ 204 and 205. A portion of the quoted text recites as follows:

“ ‘§…