TODD v. STATE

46624.

125 Ga. App. 841 (1972)

189 S.E.2d 696

TODD v. THE STATE.

Court of Appeals of Georgia.

Decided March 17, 1972.

Rehearing Denied March 31, 1972.


Attorney(s) appearing for the Case

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, Joel M. Feldman, Carter Goode, Creighton W. Sossomon, for appellee.


JORDAN, Presiding Judge.

Todd was convicted and sentenced for burglary, and appealed the overruling of a motion for new trial. Held:

1. The defendant contends that the trial judge erred in instructing the jury as follows: "If you have circumstances satisfactorily proven which point to his guilt and which are irreconcilable with his innocence or which require explanation from him [and] may be explained if he be innocent but which are not explained [this...

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