Preston v. State

I fully concur in Divisions 1, 2, and 4 of the majority opinion, and in the judgment of affirmance. I also agree with Division 3 that the justification charge of which Preston complains does not require the evidence offered by the defendant to raise reasonable doubt, “but expressly directs consideration of the evidence as a whole. In addition, the charge has been held by this Court to be a correct statement of the law that does not shift the burden of proof to the defendant. [Cit.]” Without citing any authority, however, the majority also suggests that the charge should not be given in the…