Arthur v. Walker

A majority of this Court today holds that it is not reversible error for a trial court to fail to instruct a jury, when requested, as to the State’s burden of proof with regard to an affirmative defense. Because this holding is contrary to our case law and authorizes juries *581to determine the guilt or innocence of a defendant with no direction as to the evidentiary burden applicable to an affirmative defense, I dissent.

In Bishop v. State, 271 Ga. 291 (2) (519 SE2d 206) (1999), this Court resolved a three-decade long conflict in our cases concerning whether the failure to give a charge on the…