Marlowe v. State

Sognier, Judge.

Appellant was convicted of rape and he appeals.

1. Appellant contends the trial court erred by charging the jury that every person is presumed to be of sound mind and discretion. Appellant argues that the charge deprived him of an important mitigating circumstance he was attempting to prove, namely, that because he was severely retarded, he had a diminished capacity to know what he was doing. Appellant also argues that a jury instruction that creates a mandatory presumption violates the due process clause of the United States Constitution by relieving the State of the burden of…