SIMS v. STATE

7 Div. 712.

386 So.2d 767 (1980)

Michael Douglas SIMS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 17, 1980.


Attorney(s) appearing for the Case

Randy B. Brooks, Anniston, for appellant.

Charles A. Graddick, Atty. Gen., and Sarah Kathryn Farnell, Asst. Atty. Gen., for appellee.


BOWEN, Judge.

The defendant was indicted for the first degree murder of Ronnie Tippins by stabbing him with a knife. A jury convicted him of murder in the second degree and fixed punishment at ten years' imprisonment. Two issues are raised on appeal.

I

Initially the defendant contends that the trial judge's instructions to the jury on the presumption of malice from the use of a deadly weapon unconstitutionally shifted the burden of proving the element...

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