Legal Opinion · Concurrence

Hammond v. State

Court of Appeals of Georgia

Decided November 29, 1983No. 66622Published

1ConcurrenceCarley, Judge

I agree with the majority that the judgment of conviction should be affirmed. However, I cannot agree with the majority’s finding no error in the trial court’s charging the jury only on procedural matters after completion of arguments. Although based upon an extensive review of the entire record, I believe that the error in this case is not reversible, it is my opinion that the mandate of OCGA § 5-5-24 (b) *100(Code Ann. § 70-207) that the court “shall instruct the jury after the arguments are completed” is obligatory upon the trial court, and is not subject to substantial variation, no matter…

2Cases cited2 opinions

  1. Evans v. MooreCourt of Appeals of Georgia · 1974
  2. McDaniel v. StateSupreme Court of Georgia · 1969

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