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BOSWELL v. STATE

34853.

243 Ga. 732 (1979)

256 S.E.2d 470

BOSWELL v. THE STATE.

Supreme Court of Georgia.

Decided May 31, 1979.

Attorney(s) appearing for the Case

James M. Watts, for appellant.

Frank C. Mills, III, District Attorney, Arthur K. Bolton, Attorney General, Michael R. Johnson, Staff Assistant Attorney General, for appellee.

HALL, Justice.

This is an out-of-time appeal from a 1973 murder conviction and life sentence.

Boswell contends that the following charges given at his trial were burden-shifting under Mullaney v. Wilbur, 421 U.S. 684 (1975) and State v. Moore, 237 Ga. 269 (227 S.E.2d 241) (1975):

"The burden is on the defendant to establish by this [sic] preponderance...

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