MOORE v. STATE

51222.

137 Ga. App. 735 (1976)

224 S.E.2d 856

MOORE v. THE STATE.

Court of Appeals of Georgia.

Decided January 27, 1976.

Rehearing Denied February 19, 1976.


Attorney(s) appearing for the Case

John W. Timmons, Jr., for appellant.

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


BELL, Chief Judge.

1. The evidence was sufficient to authorize the conviction.

2. However, the judgment must be reversed because the trial judge erred by instructing the jury that the defendant had the burden of proving the affirmative defense of coercion by a preponderance of the evidence.

We, the judges of both appellate courts, have thoroughly confused the law on whether a defendant in a criminal case has any burden of proof or of persuasion. The...

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