Dennis was charged with larceny. His principal defense was that he had no intent to permanently deprive the victim of her property. The judge instructed the jury that the State had to prove beyond a reasonable doubt that Dennis was guilty of larceny and that the evidence tended to show that Dennis had taken some jewels belonging to the victim; but if they believed that Dennis had proven by a fair preponderance of the evidence that he did not intend to keep the jewels, but to return them, they should find him not guilty. Dennis was convicted of larceny. He appeals the conviction, contending that the judge erred in his instructions to the jury. Dennis's conviction will probably be:
A. Affirmed, because the jury has the power to ignore Dennis's testimony if they do not believe him.
B. Affirmed, because Dennis had failed to rebut the State's evidence tending to show that he intended to keep the jewels.
C. Reversed, because the judge cannot comment at all on the evidence.
D. Reversed, because the instructions put some of the burden of proof on Dennis.
Choose A, B, C or D as your solution.
D