Legal Opinion · Concurrence

Stubbs v. State

Court of Appeals of Georgia

Decided December 5, 1994No. A94A1767Published

1ConcurrenceAndrews, Judge

I concur in the judgment because there was no error in the trial court’s failure to charge the law of circumstantial evidence.

In Mims v. State, 264 Ga. 271 (443 SE2d 845) (1994), the Supreme Court reiterated the bright-line rule from Robinson v. State, 261 Ga. 698 (410 SE2d 116) (1991), with regard to the trial court’s duty to charge the jury regarding circumstantial evidence. That rule is that “where the state’s case depends, in whole or in part, on circumstantial evidence, a charge on the law of circumstantial evidence must be given on request. This rule will apply whether or not the jury…

2Cases cited9 opinions

  1. Robinson v. StateSupreme Court of Georgia · 1991
  2. Mims v. StateSupreme Court of Georgia · 1994
  3. Germany v. StateSupreme Court of Georgia · 1976
  4. Barner v. StateSupreme Court of Georgia · 1993
  5. Campbell v. StateSupreme Court of Georgia · 1947

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