Fowler v. State

DeBRULER, Justice.

This is a direct appeal following conviction of the crime of voluntary manslaughter, a class B felony for which appellant received a twenty (20) year sentence. While two issues are raised for review, it is only necessary to address one; whether it was reversible error to instruct the jury that appellant had the burden of proving his defense of intoxication beyond a reasonable doubt.

The State tendered and the trial judge gave the following instruction to the jury:

"Ladies and Gentlemen of the jury, you are instructed that intoxication or drunkenness alone will never provide a…