Stubbs v. State

I respectfully dissent because I believe both convictions should be reversed. In McChargue v. State, 209 Ga. App. 612 (434 SE2d 153) (1993) we held that “a trial judge, even in the absence of a request, must charge the jury on the law set forth in OCGA § 24-4-6 in those cases, which are wholly dependent on circumstantial evidence.” (Citations and punctuation omitted.) Id. at 613. In contrast to Judge Andrews’s opinion, I do not believe Robinson v. State, 261 Ga. 698 (410 SE2d 116) (1991) changes the rule in McChargue. I agree with Chief Judge Pope, Presiding Judge McMurray and Judge Blackburn…