Nevins v. State

Sognier, Judge.

Nevins appeals from his conviction of two counts of violating the Georgia Controlled Substances Act by possessing tetrahydrocannabinol and marijuana with intent to distribute those substances. In his sole enumeration of error appellant contends the trial court erred by charging the jury: “I charge you that every person is presumed to be of sound mind and discretion but this presumption may be rebutted.” Appellant argues that this charge shifted the burden of persuasion to him on an essential element of the offenses charged, and is reversible error under the ruling in Francis v.…