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VAUGHN v. STATE

62118.

159 Ga. App. 883 (1981)

285 S.E.2d 573

VAUGHN v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied October 9, 1981.

Attorney(s) appearing for the Case

H. Haywood Turner III, Bobby Lee Cook, A. Kristina Cook Connelly, for appellant.

William Smith, District Attorney, Douglas C. Pullen, Assistant District Attorney, for appellee.

CARLEY, Judge.

Appellant brings this appeal from his conviction of aggravated sodomy. In his sole enumeration of error, appellant asserts that the following charge was impermissibly burden-shifting in violation of Sandstrom v. Montana, 442 U.S. 510 (99 S.C. 2450, 61 LE2d 39) (1979): "Now, ladies and gentlemen, criminal intent, being an essential element of every crime, it is a question of fact to be determined by you whether such criminal...

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