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ADKINS v. STATE

No. 20S03-0709-CR-374.

887 N.E.2d 934 (2008)

Henry J. ADKINS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 4, 2008.

Attorney(s) appearing for the Case

Nancy A. McCaslin, Elkhart, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, George P. Sherman, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

SULLIVAN, Justice.

Henry Adkins was convicted of pointing a firearm as a Class D felony. He contends that the jury was incorrectly instructed that he, rather than the State, had the burden of proving that the gun was unloaded. Had there been any evidence that his gun was unloaded, he would be correct. Because there was not, the instruction constituted harmless error.

Background

In June 2004, Henry Adkins...

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