Benton v. State

Deen, Presiding Judge.

The appellant, Dwight Benton, was convicted of armed robbery and possession of a firearm during the commission of a felony. On appeal, he contends that (1) the trial court erred in giving any jury instruction whatsoever on flight, and (2) the particular jury charge given was impermissibly burden-shifting. Held:

1. There is no question that the evidence in this case authorized a jury instruction on flight. Benton contends, however, that the jury instruction on flight should be abolished, as recommended by three justices in Cameron v. State, 256 Ga. 218, 221 (345 SE2d 575)…