Legal Opinion

Rhodes v. State

Court of Appeals of Georgia

Decided February 11, 1941No. 28786PublishedCited by 2 opinions

1Opinion of the CourtGardner, J.

1. While the failure to charge on the principle of the burden being on the State to prove the defendant’s guilt, coupled with the further failure to instruct as to the extent of the proof to be beyond a reasonable doubt, would require a reversal (Adams v. State, 25 Ga. App. 12, 102 S. E. 372), an omission to charge on the “burden” is not error when the court does charge that the defendant is presumed to be innocent until and unless the evidence satisfies the jury of his guilt beyond a reasonable doubt, and that if they have a reasonable doubt of his guilt they should acquit him. Such charge…

2Cases cited6 opinions

  1. King v. StateSupreme Court of Georgia · 1926
  2. Faulkner v. StateCourt of Appeals of Georgia · 1931
  3. Wages v. StateCourt of Appeals of Georgia · 1937
  4. Neal v. StateCourt of Appeals of Georgia · 1921
  5. Townsend v. StateCourt of Appeals of Georgia · 1914

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3Cited by2 opinions

  1. Brown v. StateCourt of Appeals of Georgia · 1963
  2. Fields v. StateCourt of Appeals of Georgia · 1953

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