Sleeth v. State

Banke, Presiding Judge.

The appellant was found guilty of two counts of burglary, two counts of arson in the first degree, and one count of possession of marijuana. The two burglary counts and the two arson counts were, however, merged with each other for sentencing. The appellant brings this appeal from the denial of his motion for new trial. Held:

1. The appellant contends that the trial judge erroneously placed a burden on him to come forward with evidence of his innocence by giving the following instruction to the jury at the outset of the trial: “And I want to ask you to in a sense of…