State v. Ballard

STROUD, Judge.

Defendant appeals from his conviction by a jury of second-degree murder. Defendant argues the trial court plainly erred in “failing to instruct the jury that if the [S]tate failed to prove any element of the charged offense, or any lesser included offense, it must find defendant not guilty[,]” and “denying the jury’s request for the testimony of three witnessesf,]” and erred in instructing the jury on flight. For the following reasons, we find no prejudicial error.

I. Background

The State’s evidence tended to show the following: Defendant and the victim lived together in a trailer…