LANFORD v. STATE

56919.

148 Ga. App. 377 (1978)

251 S.E.2d 395

LANFORD v. THE STATE.

Court of Appeals of Georgia.

Decided December 5, 1978.


Attorney(s) appearing for the Case

L. C. Chrietzberg, for appellant.

E. Byron Smith, District Attorney, Kenneth R. Waldrep, Assistant District Attorney, for appellee.


BELL, Chief Judge.

The defendant was convicted of burglary. Held:

1. The court charged the jury that: "... `the Defendant has come into court and said that he is not guilty of that crime. And, that is the issue and that is what you have to resolve. But as the indictment is not evidence proving guilt in any way, neither is the not guilty plea to be considered by you as evidence ...'" This portion of the charge is a correct statement of law and is neither...

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