Cowart v. State

Jordan, Justice.

Mike Cowart was convicted of criminal attempt to commit statutory rape, and his conviction was affirmed by the Court of Appeals. Cowart v. State, 136 Ga. App. 528 (221 SE2d 649) (1975). We granted certiorari to consider a burden-shifting charge by the trial judge on the appellant’s affirmative defense of abandonment of the effort to commit the crime. Code Ann. § 26-1003 (Ga. L. *2831968, pp. 1249, 1275). The trial judge instructed the jury that this defense must be made to appear by a preponderance of the evidence.

Argued April 12, 1976 Decided June 30, 1976 Rehearing denied…