Ferguson v. State

Sognier, Judge.

Armed robbery. Appellant’s sole enumeration of error is that the trial court’s charge on the presumption relating to intent was erroneous and inconsistent, and could be interpreted by the jury as burden-shifting in violation of Sandstrom v. Montana, 442 U.S. 510 (99 SC 2450, 61 LE2d 39) (1979).

At the conclusion of its charge to the jury the trial court asked both counsel if they had any objections to its charge. Although appellant’s counsel objected to the court’s charge on possession of recently stolen property and the court’s failure to give one of appellant’s requested…