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Miller v. State
Texas Court of Criminal Appeals
660 S.W.2d 95 (1983)
- Written by Kelli Lanski, JD
Facts
Richard Miller (defendant) was convicted of aggravated robbery and appealed on several grounds. The appellate court denied his appeal, and he petitioned the Texas Court of Criminal Appeals on the grounds that the trial court’s jury instruction on Miller’s defense of alibi was improper. The judge instructed the jury that if evidence of Miller’s alibi raised a reasonable doubt in the jury members’ minds as to his presence at the scene of the robbery, they could find him not guilty. Miller argued that the alibi of self-defense was an affirmative defense and the judge should have instructed the jury that Miller had the burden of proving his alibi.
Rule of Law
Issue
Holding and Reasoning (Miller, J.)
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