Legal Opinion · Concurrence

In the Interest of N. T. S.

Court of Appeals of Georgia

Decided January 28, 2000No. A99A1783Published

1ConcurrenceEldridge, Judge

I concur in judgment only because the majority holds that, pursuant to the Supreme Court’s decision in Graves v. State, 269 Ga. 772 (504 SE2d 679) (1998), the slight evidence rule “does not apply in here,” and that the “slight evidence rule is eliminated in every criminal trial.” See Division 2, n. 1, of the majority opinion. I disagree with these assertions.

In Graves, the Supreme Court held that a “not guilty” plea serves as a challenge to venue at a criminal trial. Id. at 774. The majority finds that such challenge to venue is all that is necessary to preclude the slight evidence rule. A…

2Cases cited16 opinions

  1. Green v. StateSupreme Court of Georgia · 1990
  2. Graves v. StateSupreme Court of Georgia · 1998
  3. Johns v. StateSupreme Court of Georgia · 1977
  4. Jones v. StateSupreme Court of Georgia · 1980
  5. Minter v. StateSupreme Court of Georgia · 1988

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