ALLEN v. STATE

32442.

239 Ga. 391 (1977)

236 S.E.2d 825

ALLEN v. THE STATE.

Supreme Court of Georgia.

Decided June 28, 1977.

Rehearing Denied July 14, 1977.


Attorney(s) appearing for the Case

Joseph O. Saseen, Harvey Weitz, for appellant.

Andrew J. Ryan, III, District Attorney, William H. McAbee, II, Chief Assistant District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, for appellee.


JORDAN, Justice.

John Allen, Jr., was convicted of armed robbery and given a sentence of 15 years. He appeals from the denial of his motion for new trial, as amended.

Two questions have been argued in this court: (1) whether the evidence was sufficient to support the verdict; and (2) whether the charge as a whole gave the impression that the appellant had the burden of proving his defense of alibi beyond a reasonable doubt.

1. The appellant was positively...

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