Lindsey v. Commonwealth

After a jury trial, Defendant was found guilty of petit larceny, third or subsequent offense. Defendant appealed, arguing that the trial court erred in giving Instruction 16 to the jury rather than Instruction O, Defendant’s proposed alternate instruction, and that he suffered a denial of due process resulting from the challenged jury instruction. The Court of Appeals affirmed. The Supreme Court affirmed, holding that the trial court did not err in refusing to give Instruction O because Instruction 16 did not impermissibly shift the burden of proof to the defense. View "Lindsey v. Commonwealth" on Justia Law