Legal Opinion · Dissent

In the Interest of J. T. M.

Court of Appeals of Georgia

Decided July 3, 1991No. A91A0064, A91A0065Published

1DissentCarley, Judge

The majority correctly notes that, in juvenile proceedings, “the standard of proof on charges of a criminal nature is the same as that used in criminal proceedings against adults — proof must be beyond a reasonable doubt. [Cits.]” M. W. W. v. State of Ga., 136 Ga. App. 472, 474 (221 SE2d 669) (1975). In my opinion, however, the majority errs in holding that this standard was met in the two instant cases. I must, therefore, respectfully dissent.

As against J. T. M., there is no direct evidence that he ever entered or attempted to move the victim’s car. Stripped of its verbiage, the evidence…

2Cases cited5 opinions

  1. Diggs v. StateCourt of Appeals of Georgia · 1954
  2. Smith v. StateCourt of Appeals of Georgia · 1988
  3. MWW v. State of GeorgiaCourt of Appeals of Georgia · 1975
  4. Hammond v. StateCourt of Appeals of Georgia · 1914
  5. Williams v. StateCourt of Appeals of Georgia · 1913

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