Legal Opinion · Concurrence

Booth v. State

Court of Appeals of Georgia

Decided February 23, 1988No. 75658Published

1ConcurrenceDeen, Presiding Judge

part and dissenting in part.

While concurring fully with Division 1 of the majority opinion, I cannot agree with the judgment of reversal in Division 2 and the non-resolution of the issues discussed in Division 3.

1. The trial court did give an erroneous jury charge on good character. However, in Cook v. State, 256 Ga. 808, 811-812 (353 SE2d 333) (1987), the Supreme Court held that even though the same erroneous jury charge on good character had been given, reversal was inappropriate where “[vjiewing the charge as a whole and the evidence presented to the jury, ... it is highly probable that…

2Cases cited3 opinions

  1. Baxter v. StateSupreme Court of Georgia · 1985
  2. Cook v. StateSupreme Court of Georgia · 1987
  3. Johnson v. StateCourt of Appeals of Georgia · 1987

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