Holmes v. State

Court of Appeals of Georgia

Holmes v. State

233 S.E.2d 63, 141 Ga. App. 181, 1977 Ga. App. LEXIS 1824

Court of Appeals of Georgia·Decided February 2, 1977·No. 53347·Published

Opinion

Bell, Chief Judge.

The defendant was convicted of selling heroin. His-defense was that of alibi. Held:

1. Defendant attacks the charge on alibi as being burden shifting. The trial court charged’ on alibi in substantially the same language as a charge that was approved by the Supreme Court in Mills v. State, 236 Ga. 364 (223 SE2d 724).

2. The evidence authorized the conviction.

Judgment affirmed.

McMurray and Smith, JJ., [182] concur. Submitted January 19, 1977 Decided February 2, 1977. Percy Blount, for appellant. Richard E. Allen, District Attorney, Gayle B. Hamrick, Assistant District Attorney, for appellee.

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Bell, Chief Judge.

The defendant was convicted of selling heroin. His-defense was that of alibi. Held:

1. Defendant attacks the charge on alibi as being burden shifting. The trial court charged’ on alibi in substantially the same language as a charge that was approved by the Supreme Court in Mills v. State, 236 Ga. 364 (223 SE2d 724).

2. The evidence authorized the conviction.

Judgment affirmed.

McMurray and Smith, JJ., [182] concur. Submitted January 19, 1977 Decided February 2, 1977. Percy Blount, for appellant. Richard E. Allen, District Attorney, Gayle B. Hamrick, Assistant District Attorney, for appellee.

Holmes v. State, 233 S.E.2d 63, 141 Ga. App. 181, 1977 Ga. App. LEXIS 1824 (Ga. Ct. App. 1977).

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Opinion

2. The evidence authorized the conviction.

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