Legal Opinion

State v. Avery

Supreme Court of Georgia

Decided November 3, 1976No. 31159Published

1Opinion of the Court

237 Ga. 865 (1976)

230 S.E.2d 301

THE STATE

v.

AVERY.

31159.

Supreme Court of Georgia.

Submitted September 20, 1976.

Decided November 3, 1976.

Richard Bell, District Attorney, Calvin A. Leipold, Jr., Assistant District Attorney, for appellant.

Wynn Pelham, for appellee.

UNDERCOFLER, Presiding Justice.

The Court of Appeals reversed the aggravated assault conviction of the defendant Avery because the trial court did not charge the jury that the burden of persuasion was on the state to show that Avery was sane beyond a reasonable doubt. Avery v. State, 138 Ga. App. 65 (225 SE2d 454) (1976). We granted the…

Also in this document: Dissent.

2Cases cited11 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Mullaney v. WilburSupreme Court of the United States · 1975
  3. Leland v. OregonSupreme Court of the United States · 1952
  4. State v. MooreSupreme Court of Georgia · 1976
  5. Coker v. StateSupreme Court of Georgia · 1975

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