Johnson v. State

1. Complaint is made that the court instructed the jury as follows: “Now, gentlemen, as before said, he commences this trial with the presumption of innocence in his favor; but I charge you, that, when the killing is shown, if it is shown to be the act of the prisoner, and if it is shown that Manier was killed as charged in this bill of indictment, by being shot to death with a pistol, if the evidence shows that this defendant here did the killing, then the burden is cast upon the defendant to either justify the killing or to show something to mitigate it.” The *28ground of exception was that…