Legal Opinion · Dissent

Sanford v. State

Court of Appeals of Georgia

Decided June 29, 1973No. 48062Published

1DissentClark, Judge

My disagreement with my brethren deals with the impact of the incident dealt with in the third division. I suggest that the inadvertent use of the words "at this time” in reply to the direct query from the foreman concerning the possibility of the accused having a previous criminal record was error in the context in which it occurred. Apparently the jury was *340unable to agree and therefore requested a re-charge on "reasonable doubt” and "recent possession of stolen goods” as well as "whether or not the jury could have made available to it any past record of the defendant regarding any previous…

2Cases cited7 opinions

  1. State v. HudsonSupreme Court of Missouri · 1948
  2. Nixon v. StateCourt of Appeals of Georgia · 1914
  3. Smith v. StateCourt of Appeals of Georgia · 1968
  4. Hooks v. StateCourt of Appeals of Georgia · 1960
  5. Moyers v. StateCourt of Appeals of Georgia · 1938

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