Johnson v. State

Clark, Judge.

Does a defendant charged with murder under Code § 26-1101 have the burden of proving his claim of self-defense by a preponderance of the evidence? Or, must the state prove beyond a reasonable doubt the absence of justification when the accused presents evidence that he acted in self-defense? This issue is presented for determination in light of recent decisions by the United States Supreme Court concerning burdens of proof which are antagonistic to due process standards in criminal prosecutions.

On September 6,1974, defendant fatally shot Freddy Smith following a series of…