HALE v. STATE

40790.

110 Ga. App. 236 (1964)

138 S.E.2d 113

HALE v. THE STATE.

Court of Appeals of Georgia.

Decided September 9, 1964.


Attorney(s) appearing for the Case

Howard T. Overby, Joseph B. Sartain, Jr., Stewart, Sartain & Carey, for plaintiff in error.

Jeff C. Wayne, Solicitor General, Frank Strickland, Jr., contra.


RUSSELL, Judge.

The defendant was convicted of burglary. The general grounds of the motion for new trial are abandoned, and the sole special ground attacks a portion of the charge to the effect that "the burden is on the defendant to establish his own alibi by a preponderance of the evidence and to the reasonable satisfaction of the jury but it need not be proven beyond a reasonable doubt." The court also charged: "If the defendant has established an alibi to your...

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