Legal Opinion
CABARET AFTER DARK, INC. v. State
Court of Appeals of Georgia
Decided March 21, 1980No. 59250PublishedCited by 4 opinions
1Opinion of the Court
Carley, Judge.
Appellant appeals its conviction of two counts of distributing obscene materials.
1. Citing Sandstrom v. Montana, 442 U. S. 510 (99 SC 2450, 61 LE2d 39) (1979), appellant enumerates as error the giving of a burden-shifting charge. The alleged erroneous instruction, in its entirety, was as follows: "A person of sound mind and discretion is presumed to intend the natural and probable consequences of his acts, in this case its acts, but the presumption may be rebutted.” The trial court further instructed: "A person or a corporation will not be presumed to act with criminal…
2Cases cited5 opinions
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Skrine v. StateSupreme Court of Georgia · 1979
- Speight v. StateCourt of Appeals of Georgia · 1978
- Terry v. StateCourt of Appeals of Georgia · 1979
- Cotton States Mutual Insurance v. CrosbyCourt of Appeals of Georgia · 1979
3Cited by4 opinions
- 134 Baker Street, Inc. v. StateCourt of Appeals of Georgia · 1984
- Mullins v. StateCourt of Appeals of Georgia · 1981
- Talley v. StateCourt of Appeals of Georgia · 1982
- Truelove v. HamiltonCourt of Appeals of Georgia · 1982