Bird v. State

DAYIDSOH, Presiding Judge.

This conviction was for burglary. The court" charged the jury, as follows: “If defendant entered the house on the invitation of one Will Shelton, for the purpose of only going in there to sleep, then he would not be guilty; and if you so find, find him not guilty.” Several objections are urged to this charge, to wit: it shifted the burden of proof; it required the jury to believe that he entered the house on the invitation of Will Shelton, and for the purpose only of sleeping in there, before an acquittal could be obtained; it limits the acquittal to an affirmative…