Legal Opinion
Johnson v. State
Court of Appeals of Georgia
Decided September 23, 1976No. 51218PublishedCited by 5 opinions
1Opinion of the Court
Clark, Judge.
Our previous opinion of reversal is reported in 137 Ga. App. 740 (224 SE2d 859). Upon certiorari (State v. Johnson, 237 Ga. 276) our Supreme Court directed that our judgment be vacated and the case remanded to us for consideration in accordance with the opinion in State v. Moore, 237 Ga. 269 (227 SE2d 241).
The holding in State v. Moore is to the effect that the jury instruction which we ruled erroneous will not be henceforth approved but the application thereof is to be prospective only. In conformance with the Supreme Court’s direction we hold that the charge given in this case…
2Cases cited5 opinions
- State v. MooreSupreme Court of Georgia · 1976
- Davis v. StateSupreme Court of Georgia · 1976
- Johnson v. StateCourt of Appeals of Georgia · 1976
- State v. JohnsonSupreme Court of Georgia · 1976
- Cowart v. StateSupreme Court of Georgia · 1976
3Cited by5 opinions
- M. W. Holloway v. Clay E. McElroy WardenCourt of Appeals for the Fifth Circuit · 1981
- Holloway v. McElroyDistrict Court, M.D. Georgia · 1979
- Holloway v. McElroyDistrict Court, M.D. Georgia · 1979
- Ronald Francis Smart v. William D. Leeke, Commissioner, South Carolina Department of Corrections Attorney General of South CarolinaCourt of Appeals for the Fourth Circuit · 1989
- Ronald Francis Smart v. William D. Leeke, Commissioner, South Carolina Department of Corrections Attorney General of South CarolinaCourt of Appeals for the Fourth Circuit · 1989