Legal Opinion
Huffman v. State
Court of Appeals of Georgia
Decided January 29, 1980No. 59112PublishedCited by 7 opinions
1Opinion of the Court
Shulman, Judge.
Appellant was found guilty of committing the offense of burglary as charged. We reverse.
1. The trial court charged the jury in accordance with Code Ann. § 26-604 (the rebuttable presumption that a person of sound mind and discretion intends the natural and probable consequence of his acts). Appellant, citing Sandstrom v. Montana, 442 U. S. 510 (99 SC 2450, 61 LE2d 39), urges that the charge impermissibly shifted the burden of persuasion. We disagree.
In Skrine v. State, 244 Ga. 520, the Supreme Court considered a charge virtually identical to the one complained of by appellant.…
2Cases cited7 opinions
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Skrine v. StateSupreme Court of Georgia · 1979
- Williamson v. StateCourt of Appeals of Georgia · 1975
- Tuggle v. StateCourt of Appeals of Georgia · 1979
- Whisenhunt v. StateCourt of Appeals of Georgia · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Charles Thomas Corn, Cross-Appellant v. Walter Zant, Warden, Jackson Diagnostic and Classification Center, Respondent- Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
- Hiley v. StateCourt of Appeals of Georgia · 2000
- Mallory v. StateCourt of Appeals of Georgia · 1983
- Johnson v. StateCourt of Appeals of Georgia · 1982
- Munoz v. StateCourt of Appeals of Georgia · 1989
2 more not listed; retrieve them via the Exa API.