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State v. Pyburn8/16/2004
t if the State failed to prove the elements of first degree murder or the lesser-included offenses of first degree murder beyond a reasonable doubt, the jury should return a verdict of not guilty. The State argues that the appellant has waived this issue for failure to cite authority in support of his contention. See Tenn. R. App. P. 27(a)(7); Tenn. Ct. Crim. App. R. 10(b). We agree with the State. Regardless, this issue is also without merit.
Considering the jury charge as a whole, we conclude that the instructions given by the trial court were a complete and correct charge of the applicable law regarding the State's burden. In its charge to the jury, the trial court instructed the jury on the elements of first degree murder and its lesser-included offenses, which included second degree murder, voluntary manslaughter, reckless homicide, and criminally negligent homicide. The trial court also defined reasonable doubt and explained that "proof beyond a reasonable doubt required as to every element or proposition of proof which constitutes a charge."
Contrary to the appellant's contention, the trial court instructed the jury as follows:
Now, ladies and gentlemen, if you find the state has proven the defendant's guilt beyond a reasonable doubt on a charge in this case then you should find him guilty on that charge. On the other hand, if you find the state has not proven guilty beyond a reasonable doubt on a charge or count, then you must find the defendant not guilty on those charges.
The trial court further instructed the jury:
hould you have a reasonable doubt as to the Defendant's guilt of first degree murder, then you will consider the lesser included offenses of second degree murder, voluntary manslaughter, reckless homicide, and criminally negligent homicide . . . -- if you have a reasonable doubt as to first degree murder then you're going to go down a ladder considering the next most serious offense. The next one is second degree murder. . . . ou first decide whether you think the state has met the burden beyond a reasonable doubt and if you find that it did then you'd put guilty there. If you did not find they proved it beyond a reasonable doubt, of course, you put not guilty.
We conclude that the trial court properly charged the jury regarding the State's burden of proof. This issue is without merit.
III. Conclusion
Finding no reversible error, we affirm the judgment of the trial court.
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