State v. Robinson

The state takes issue with each of-the three grounds for reversal sustained by the Court of Appeals. No cross appeal was taken by the defendant, from that court’s overruling of the fourth assignment of error. -

I

The first issue is whether--the trial'court!¡committed prejudicial'error by instructing the jury that.the'deffendant bore -the 'burden of proving his. áffir'mative defé-ose of self-■dcfenseby a preponderance of the evidence. .:.

■-The'pf obi eras of assigning the burden of proof of affirmative defenses in criminal cases has been- a subject of both-scholarly debate and divergent judicial…