Zellner v. State

Weltner, Justice.

Torrance Zellner shot and killed Daisy Kimble with a handgun. He was convicted by a jury of malice murder and sentenced to life imprisonment.

Zellner purchased crack cocaine from a third party upon Kimble’s assurance that the “crack” was good. Zellner considered that the substance was inadequate, and demanded that Kimble return his money. Upon her refusal, he shot her fatally, and then fled.

1. (a) Zellner contends that the trial court erred in not giving his requested charge on malice. He claims that the charge as given was burden-shifting, authorizing the jury to convict him…