MOBLEY v. STATE

61814.

158 Ga. App. 561 (1981)

281 S.E.2d 268

MOBLEY v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied May 18, 1981.


Attorney(s) appearing for the Case

Randall M. Clark, for appellant.

Glenn Thomas, Jr., District Attorney, Jerry Ramsey, John B. Johnson III, Assistant District Attorneys, for appellee.


BANKE, Judge.

The appellant was convicted of voluntary manslaughter and sentenced to 20 years with 10 years to serve. On appeal he enumerates as error the failure of the trial court to include in its charge on presumption of innocence and reasonable doubt the words: "The legal presumption in favor of the innocence of the accused is an instrument of proof on his behalf." Held:

1. "It is . . . error to fail to charge the jury in a criminal case substantially...

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