Lowe v. State

OPINION

DAUGHTREY, Justice.

This post-conviction appeal is before us on a limited basis, under an order restricting our review to the specific question of “whether the jury instruction in the habitual criminal phase of petitioner’s trial im-permissibly shifted the burden of proof to the petitioner.” At the petitioner’s original trial, the judge instructed the jury that “a judgment of conviction of any person under the same name as that of the defendant is prima facie evidence that the identity of such person is the same as the defendant.” This language is taken, almost verbatim, from T.C.A. §…