Whitehead v. State

I concur fully in Division 2; I concur in Division 1 except that I would not place very heavy reliance on Baxter v. State, 176 Ga. App. 154, 157 (7) (335 SE2d 607) (1985). It is dangerous for the trial court, in instructing the jury what law to apply in deciding a criminal case, not to clearly state what the elements of the crime are. Where the indictment is artfully drawn so as to clearly recite them, reading the indictment may be sufficient because it tells the jury precisely what they must find as fact, beyond a reasonable doubt, in order to return a verdict of guilty. But when the reading…