Mims v. State

I agree that the judgment of the Court of Appeals in this case must be reversed, but I write separately for two reasons.

1. First, the majority admonishes that a charge on circumstantial evidence is required “in every instance where it has been introduced.” One might argue that circumstantial evidence, consisting mainly, as it does, of inferences and deductions, is not “introduced,” but that is not the point. The point is, as Judge Birdsong exclaimed in Johnson v. State, 210 Ga. App. 99 (435 SE2d 458) (1993) (referred to in passing in fn. 2 of the majority opinion), proof of criminal intent,…