State v. Stump

(dissenting) — Finding that I am unable to *1204agree with Division V of the majority opinion, I respectfully dissent.

My point of dissent is that Instruction No. 14, set out in full in the majority opinion, places the burden of proof of a defensive fact on the defendant, thus depriving the defendant of the presumption of innocence and relieves the State of the burden of proving the offense chai’ged beyond a reasonable doubt; and that the instruction is confusing and inconsistent.

The last time this court examined this question was in 1881 in State v. Hamilton, 57 Iowa 596, 11 N.W. 5. The…