No. 84-K-2083.

464 So.2d 298 (1985)

STATE of Louisiana v. Robert MATTHEWS.

Supreme Court of Louisiana.

March 8, 1985.

Granted. This case is remanded to the Court of Appeal for reconsideration under the proper standard of review. When the accused asserts justification as a defense to murder, the state bears the burden of proving beyond a reasonable doubt that the killing was not justified. State v. Lynch, 436 So.2d 567 (La.1983); State v. Patterson, 295 So.2d 792 (La.1974). On review, the question therefore is not whether a rational fact-finder could have found that the state had proved the essential elements of the offense beyond a reasonable doubt. The applicable standard is whether a rational fact-finder, after viewing the evidence in the light most favorable to the prosecution, could have found beyond a reasonable doubt that the homicide was not committed in self-defense or in defense of others. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Faulkner, 441 So.2d 721 (La.1983); State v. Lynch, supra.

LEMMON, J., would grant and schedule for argument.

DENNIS, J., would deny the writ.


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