STURGEON v. STATE

No. 79A02-9007-CR-413.

575 N.E.2d 679 (1991)

Denzil D. STURGEON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

July 31, 1991.


Attorney(s) appearing for the Case

Brent Westerfield, Indianapolis, for appellant-defendant.

Linley E. Pearson, State Atty. Gen. and Preston W. Black, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.


ROBERTSON, Judge.

Denzil D. Sturgeon appeals his conviction of operating a motor vehicle while intoxicated, a class D felony. He alleges the trial court's jury instructions impermissibly shifted to him the burden of persuasion on the element of intoxication.2

We reverse.

The Due Process Clause of the Fourteenth Amendment protects the accused against conviction except upon proof...

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