HAIRSTON v. STATE

53788.

142 Ga. App. 235 (1977)

235 S.E.2d 657

HAIRSTON v. THE STATE.

Court of Appeals of Georgia.

Decided May 6, 1977.


Attorney(s) appearing for the Case

Garland, Nuckolls, Kadish, Cook & Weisensee, Frank Joseph Petrella, for appellant.

Bryant Huff, District Attorney, Dawson Jackson, William P. Rowe, III, Assistant District Attorneys, for appellee.


BELL, Chief Judge.

The defendant was convicted of burglary and aggravated assault on a police officer. Held:

1. The court charged the jury: "The defendant's plea of not guilty is no evidence of his innocence." On appeal defendant states that this charge "caused a shifting of the burden of the proof upon appellant ..." and thereby violated due process. The charge is a correct statement of law and cannot be construed as being an impermissible burden shifting...

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