Sheffield v. State

I dissent from the majority opinion . and would reverse the trial court on enumeration of error number 17, which is as to the trial court’s charging on "flight” as to the appellant.

The trial court charged the jury, "There is some evidence of flight in this case.” This was clearly an expression of opinion as to what "has or has not been proven” and the appellate courts of . Georgia have repeatedly held that the same constitutes reversible error. Code § 81-1104; Alabama Great Southern R. Co. v. McBryar, 67 Ga. App. 509, 514 (21 SE2d 173); Phillips v. Williams, 39 Ga. 597 (1); Bohler v. Owens,…