Frier v. State

Court of Appeals of Georgia

Frier v. State

276 S.E.2d 261, 157 Ga. App. 56, 1981 Ga. App. LEXIS 1675

CourtCourt of Appeals of Georgia

DecidedJanuary 8, 1981

Docket60894

StatusPublished

Cited by1 cases

This text of 276 S.E.2d 261 (Frier v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frier v. State, 276 S.E.2d 261, 157 Ga. App. 56, 1981 Ga. App. LEXIS 1675 (Ga. Ct. App. 1981).

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Opinion

Carley, Judge.

Appellant appeals her conviction of aggravated assault on a peace officer.

Appellant’s sole enumeration of error attacks the giving of the following charge: “The Defendant bears the burden of showing by a preponderance of the evidence that she was not mentally responsible at the time of the alleged crime.” Citing State v. Moore, 237 Ga. 269 (227 SE2d 241) (1976), appellant urges that the charge is impermissibly burden shifting. This argument was rejected in Boswell v. State, 243 Ga. 732 (256 SE2d 470) (1979). See also State v. Avery, 237 Ga. 865 (230 SE2d 301) (1976); Oliver v. State, 244 Ga. 107 (1) (259 SE2d 56) (1979); Bryant v. State, 149 Ga. App. 777, 779 (5) (256 SE2d 52) (1979).

Judgment affirmed.

Quillian, C. J., and Shulman, P. J., concur.

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Carley, Judge.

Appellant appeals her conviction of aggravated assault on a peace officer.

Appellant’s sole enumeration of error attacks the giving of the following charge: “The Defendant bears the burden of showing by a preponderance of the evidence that she was not mentally responsible at the time of the alleged crime.” Citing State v. Moore, 237 Ga. 269 (227 SE2d 241) (1976), appellant urges that the charge is impermissibly burden shifting. This argument was rejected in Boswell v. State, 243 Ga. 732 (256 SE2d 470) (1979). See also State v. Avery, 237 Ga. 865 (230 SE2d 301) (1976); Oliver v. State, 244 Ga. 107 (1) (259 SE2d 56) (1979); Bryant v. State, 149 Ga. App. 777, 779 (5) (256 SE2d 52) (1979).

Judgment affirmed.

Quillian, C. J., and Shulman, P. J., concur.

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276 S.E.2d 261, 157 Ga. App. 56, 1981 Ga. App. LEXIS 1675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frier-v-state-gactapp-1981.

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