Goodman v. State

LATTIMORE, Judge.

Conviction for theft; punishment, two years in the penitentiary.

Appellant complains of the fact that the court in charging upon the burden of proof in regard to a suspended sentence, told the jury that the burden was upon appellant to show by a preponderance of the testimony that he was entitled to such suspended sentence. If the charge of the court as prepared prior to the time of the taking of appellant’s exception contained any such statement, it was eliminated. The charge as it appears in the record contains no reference to the preponderance of proof. The charge as it…