Trying to find a case this morning dealing with a reverse instruction in the application paragraph. Specifically, the defense, in an Indecency with a Child case wants the jury instruction stating "if you don't believe beyond a reasonable doubt that the defendant had the intent to arouse or gratify his sexual desire then you will find him not guilty."

I think this is covered already in the discussion of the elements of the State's case that must be proved beyond a reasonable doubt before a guilty verdict can be returned. I was thinking there was a case or maybe several that said this type of reverse charge was not necessary but I'm having a hard time finding one this morning. Any suggestions?

quote:

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We find that since appellant's requested instruction did not encompass an affirmative defense but was merely a denial of one of the elements of the State's case and since the court's instructions sufficiently directed the jury as to their duty, the trial court did not err in refusing appellant's requested charge.

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Moore v. State, 736 S.W.2d 682 (Tex. Crim. App. 1987)(holding defendant not entitled to an instruction in DWI case that he was not guilty if he was not intoxicated at the time he was operating the car).

Thanks, John!