Supreme Court of Louisiana, 1987

State v. Brown

State v. Brown
Supreme Court of Louisiana · Decided April 23, 1987 · Dennis
505 So. 2d 1130; 1987 La. LEXIS 9060 (Southern Reporter, Second Series)

State v. Brown

Opinion of the Court

IN RE: Brown, Frederick; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fourth Circuit, Number KA-3907; 499 So.2d 395, Parish of Orleans Criminal District Court Div. “B” Number 278-714.

Denied.

Concurring Opinion

DENNIS, J.,

concurs in the denial.

State v. Carter, 227 La. 820, 80 So.2d 420 (1955) requires more than a general charge on burden of proof when self defense is at issue. Therefore, the trial court erred when it denied defendant’s request for a special instruction that the burden of proof did not shift to the defendant on self defense. However, the error in this case appears to be harmless.

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