Armentrout v. State

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for murder with malice, wherein the punishment was assessed by the jury at seventeen and one-half (17⅜4) years’ confinement.

Among his grounds of error appellant complains that the trial court in its charge at the penalty stage of the trial misdirected the jury, placing the burden of proof on him, and failed to give him the benefit of any reasonable doubt as to the existence of malice.

The alleged offense occurred on September 23, 1972, and appellant’s trial commenced on January 8, 1974.

At the conclusion of the guilt stage of…