Albert A. Poole v. State of Georgia

After a jury trial, which resulted in a verdict of guilty, appellant, Albert A. Poole, was sentenced on June 22, 1973 to fifteen years in prison by the Superior Court of Lowndes County, Georgia, for the offense of burglary.

After sufficiently exhausting his remedies in the state courts of Georgia, Poole filed this habeas corpus petition in federal court, asserting that the trial court’s alibi charge violated due process by placing the burden of proof on Poole. The charge did not shift the burden of proof nor render Poole’s trial constitutionally unfair.

The trial judge charged the jury on the…