Adkins v. State

SULLIVAN, Justice.

Henry Adkins was convicted of pointing a firearm as a Class D felony. He con tends that the jury was incorrectly instructed that he, rather than the State, had the burden of proving that the gun was unloaded. Had there been any evidence that his gun was unloaded, he would be correct. Because there was not, the instruction constituted harmless error.

Background

In June 2004, Henry Adkins, along with his brother Steve, entered Jason Boze’s apartment in Elkhart. Boze was watching television with Ivy Walters, Justin Leason, and Lynndsey Felton when Adkins pointed a gun at Boze’s…