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JOHNSON v. STATE

No. 2008-KA-01010-COA.

19 So.3d 145 (2009)

David JOHNSON, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

October 6, 2009.

Attorney(s) appearing for the Case

W. Daniel Hinchcliff, attorney for appellant.

Office of the Attorney General by Billy L. Gore, attorney for appellee.

Before MYERS, P.J., ISHEE and MAXWELL, JJ.

MAXWELL, J., for the Court.

¶ 1. David Johnson was convicted in the DeSoto County Circuit Court of fondling a child under the age of sixteen. Johnson now appeals his conviction arguing that one of the jury instructions impermissibly shifted the burden of proof from the State to Johnson, thereby denying him a fair trial. After considering his arguments, the record before us, and the relevant case law, we find no error and affirm.

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