Sirmans v. State

Deen, Presiding Judge.

1. The appellant was convicted of aggravated assault, and complains of the following charge as burden shifting and as inaccurate: “If you believe, however, beyond a reasonable, if you believe, however, that the defendant was justified in the shooting, which he admitted, and that he shot the person of James Calloway under the circumstances he contends and that he was justified then you may return a verdict in his favor acquitting him.” Obviously, the words “beyond a reasonable” constituted a lapsus lingui immediately corrected by saying “if you believe, however, that the…