Smith v. State

HENRY, Justice.

We granted certiorari in this criminal action for the purpose of reviewing the action of the Court of Criminal Appeals in affirming petitioner’s conviction of selling a controlled substance under Schedule II, of the Drug Control Act, with punishment fixed at not less than seven (7) nor more than ten (10) years in the state penitentiary.

The only complaint which causes us any concern is the petitioner’s fifth assignment of error wherein he charges that the court’s instructions to the jury, relating to the burden of proof, were erroneous.1 These instructions were as follows:

The…