Legal Opinion

Blandon v. State

Court of Appeals of Georgia

Decided October 13, 1909No. 2051PublishedCited by 10 opinions

Accusation of sale of liquor, from city court of Fitzgerald— Judge Jay. July 1, 1909.

1Opinion of the CourtPowell, J.

1. Admissions of fact made in judieio by tlie State’s counsel in a criminal ease for the purpose of simplifying tlie issues are proper for the consideration, of the jury; and! an instruction to the jury which directs them to confine their investigation to testimony from the stand and to the statement of the defendant is erroneous. Myers v. State, 97 Ga. 79 (11), 102 (25 S. E. 252).

2. Wherever in a criminal case the evidence takes such a turn as to throw upon the defendant the burden of explaining some fact or of justifying conduct, he does not have to carry this burden by making proof beyond…

2Cases cited3 opinions

  1. Myers v. StateSupreme Court of Georgia · 1895
  2. Georgia Railroad & Banking Co. v. FlowersSupreme Court of Georgia · 1899
  3. Lowry v. StateCourt of Appeals of Georgia · 1909

3Cited by10 opinions

  1. Patterson v. StateSupreme Court of Georgia · 1936
  2. Rainey v. MoonSupreme Court of Georgia · 1939
  3. Smith v. StateCourt of Appeals of Georgia · 1942
  4. John Hancock Mutual Life Insurance v. DavisCourt of Appeals of Georgia · 1934
  5. Hines v. SnellCourt of Appeals of Georgia · 1921

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