Shepperd v. State

Quillian, Presiding Judge.

Indicted for murder, defendant appeals his conviction of the lesser offense of involuntary manslaughter. Held:

1. We reverse. The trial court erred in failing to give defendant’s requested charge that where evidence of self-defense is presented the state has the burden of proving beyond a reasonable doubt that the defendant did not act in self-defense. Self-defense was raised by defendant’s testimony and his pretrial statement.

“Appellant has enumerated as error the refusal of the trial court to instruct the jury that the state had the burden of proving that the…