Brown v. State

Johnson, Chief Judge.

Gregory F. Brown appeals his conviction of voluntary manslaughter.

1. Citing Sandstrom v. Montana, 442 U. S. 510 (99 SC 2450, 61 LE2d 39) (1979), Brown contends that the trial court gave the jury an impermissible instruction on the element of intent. This enumeration of error is without merit. In Sandstrom, the Supreme Court held that a charge was unconstitutional because the jury may have interpreted a presumption referred to in the charge as either mandatory or as shifting the burden of proof of a material element of the crime to the defendant. See generally Bridges v.…