BARFIELD v. DAMPIER

33194.

241 Ga. 168 (1978)

243 S.E.2d 876

BARFIELD v. DAMPIER.

Supreme Court of Georgia.

Decided April 4, 1978.


Attorney(s) appearing for the Case

Donald J. Coffey, James C. Bonner, Jr., for appellant.

Arthur K. Bolton, Attorney General, B. Dean Grindle, Jr., Assistant Attorney General, G. Keith Murphy, amicus curiae.


HALL, Justice.

Applicant was tried and convicted of armed robbery, and sentenced to four years in prison, which he is currently serving in the Colquitt Correctional Institute. During his trial the court charged on alibi stating in part: "The burden is on the accused to establish his alibi, not beyond a reasonable doubt, but to the reasonable satisfaction of the jury." Subsequent to petitioner's trial we held that such a charge is impermissibly burden-shifting (

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