v.
Frederick BROWN
Lead Opinion
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.
Concurrence
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.