STATE v. MOORE

31103.

237 Ga. 269 (1976)

227 S.E.2d 241

THE STATE v. MOORE.

Supreme Court of Georgia.

Decided June 29, 1976.

Rehearing Denied July 16, 1976.


Attorney(s) appearing for the Case

Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellant.

John W. Timmons, Jr., Jack H. Affleck, for appellee.


NICHOLS, Chief Justice.

James Moore was convicted of robbery and on appeal the Court of Appeals, in a divided opinion, reversed such conviction upon the ground that the court's instruction placed the burden of persuasion upon the defendant as to his purported defense of coercion. This court granted certiorari.

1. The issue here is whether a jury instruction placing any burden of persuasion upon a defendant in a criminal case violates substantive due process...

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