Mims v. State

Fletcher, Justice.

Mims’ conviction of child molestation was affirmed by the Court of Appeals in Mims v. State, 209 Ga. App. 901 (434 SE2d 832) (1993). We granted Mims’ petition for writ of certiorari to address the question of whether the trial court erred when it refused to give his requested charge on circumstantial evidence. We conclude that the trial court did err and reverse the decision of the Court of Appeals.

The trial court refused to give Mims’ written request to charge on the law of circumstantial evidence.1 See OCGA § 24-4-6. The state introduced both direct and circumstantial…