SMITH v. STATE

28764.

232 Ga. 99 (1974)

205 S.E.2d 188

SMITH v. THE STATE.

Supreme Court of Georgia.

Decided April 16, 1974.


Attorney(s) appearing for the Case

W. J. Stanley, for appellant.

Lewis R. Slaton, District Attorney, Richard E. Hicks, Morris H. Rosenberg, Thomas W. Hayes, Arthur K. Bolton, Attorney General, Robert S. Stubbs, Executive Assistant Attorney General, Richard L. Chambers, William F. Bartee, Jr., Assistant Attorneys General, for appellee.


NICHOLS, Presiding Justice.

1. Two enumerations of error complain of the failure of the trial court to instruct the jury that the burden was on the defendant to prove by a preponderance of the evidence the truth of the defenses (insanity and justification) and that the failure to so charge resulted in the jury being instructed that the defendant must prove such defenses beyond a reasonable doubt since the only charge as to burden of proof dealt with the burden of...

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