Legal Opinion

Marable v. State

Court of Appeals of Georgia

Decided March 21, 1980No. 59486PublishedCited by 16 opinions

1Opinion of the Court

Deen, Chief Judge.

1. "[C]harges which place any burden of persuasion upon the defendant in criminal cases shall not be given and such charges will be deemed erroneous and subject to reversal, absent harmless error and invited error.” State v. Moore, 237 Ga. 269, 270 (227 SE2d 241) (1976). The defendant submitted a request to charge, a part of which consisted of definitions which are not essential to the jury’s understanding, plus the statement: "Once an issue of an affirmative defense is raised, the burden of proof rests upon the State as to such issue as it does with respect to all other…

2Cases cited6 opinions

  1. Sandstrom v. MontanaSupreme Court of the United States · 1979
  2. State v. MooreSupreme Court of Georgia · 1976
  3. Burnett v. StateSupreme Court of Georgia · 1978
  4. Jordan v. StateSupreme Court of Georgia · 1977
  5. Huckaby v. StateCourt of Appeals of Georgia · 1972

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. JeffriesSupreme Court of Iowa · 1988
  2. MacK v. StateCourt of Appeals of Georgia · 1982
  3. Jones v. StateCourt of Appeals of Georgia · 1982
  4. State v. MorganSupreme Court of Iowa · 1982
  5. Pope v. StateCourt of Appeals of Georgia · 1983

11 more not listed; retrieve them via the Exa API.

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