State v. Johnson

HUSKINS, Justice.

We first consider defendant’s assignment of error which challenges the following excerpt from the charge:

“If you find from the evidence beyond a reasonable doubt that on or about January 15, 1977, Paul Wilfred Johnson intentionally and without justification or excuse, fired a .22 caliber shot into the body of Clyde Junior Tabor with the rifle offered and received into evidence as State’s Exhibit 9 thereby proximately causing Clyde Junior Tabor’s death, but the State has failed to satisfy you beyond a reasonable doubt that the defendant killed with malice because of the heat…