Smith v. State

Smith, Judge.

Eddie Smith was convicted of possession of cocaine following a jury trial. Smith’s motion for new trial was denied, and he appeals.

1. The trial court’s charge to the jury made it abundantly clear that it was the State’s burden to prove Smith guilty beyond a reasonable doubt as to each and every element of the offense charged. Accordingly, Smith’s attempt to show that the use of the phrase “moral and reasonable certainty” within that charge constituted reversible error is controlled adversely to him by the holding of the Supreme Court in Burgess v. State, 264 Ga. 777, 787 (28)…