Griffith v. State

Deen, Presiding Judge.

The appellant, Alex Griffith, was tried for and convicted of aggravated assault. On appeal, as his sole enumeration of error, Griffith contends that the trial court erred in failing to instruct the jury that the state had the burden of proving beyond a reasonable doubt the absence of justification. It does not appear from the record that the appellant requested such a charge or excepted to the charge on self-defense as given. Held:

Unless the omission shifts the burden of proof to the defendant, a trial court’s failure to charge the jury specifically that the state had…