Jordan v. State

Court of Appeals of Georgia

Jordan v. State

326 S.E.2d 574, 173 Ga. App. 395, 1985 Ga. App. LEXIS 2628

CourtCourt of Appeals of Georgia

DecidedJanuary 30, 1985

Docket69593

StatusPublished

This text of 326 S.E.2d 574 (Jordan 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.

Bluebook

Jordan v. State, 326 S.E.2d 574, 173 Ga. App. 395, 1985 Ga. App. LEXIS 2628 (Ga. Ct. App. 1985).

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Opinion

McMurray, Presiding Judge.

Defendant was convicted of the offense of voluntary manslaughter. Following the denial of his motion for new trial, defendant appeals. Held:

1. Viewing the evidence in the light favorable to the verdict, we conclude that it was sufficient to enable a rational trier of fact to find the defendant guilty of the offense of voluntary manslaughter beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560); Rutledge v. State, 245 Ga. 768, 769 (267 SE2d 199).

2. In view of the evidence of self-defense, notwithstanding our holding in Division 1, we are constrained to agree with defendant’s contention that the trial court erred in refusing to give his requested-charge that the burden of persuasion is on the State to prove beyond a reasonable doubt the accused did not act in self-defense. State v. Shepperd, 253 Ga. 321 (320 SE2d 154), decided September 13, 1984, [396]*396affirming Shepperd v. State, 170 Ga. App. 286 (316 SE2d 785); Jolly v. State, 164 Ga. App. 240, 242 (2) (296 SE2d 784).

Decided January 30, 1985. Marcus F. Price, Jr., for appellant. Richard A. Malone, District Attorney, for appellee.

Judgment reversed.

Deen, P. J., and Sognier, J., concur.

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McMurray, Presiding Judge.

Defendant was convicted of the offense of voluntary manslaughter. Following the denial of his motion for new trial, defendant appeals. Held:

1. Viewing the evidence in the light favorable to the verdict, we conclude that it was sufficient to enable a rational trier of fact to find the defendant guilty of the offense of voluntary manslaughter beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560); Rutledge v. State, 245 Ga. 768, 769 (267 SE2d 199).

2. In view of the evidence of self-defense, notwithstanding our holding in Division 1, we are constrained to agree with defendant’s contention that the trial court erred in refusing to give his requested-charge that the burden of persuasion is on the State to prove beyond a reasonable doubt the accused did not act in self-defense. State v. Shepperd, 253 Ga. 321 (320 SE2d 154), decided September 13, 1984, [396]*396affirming Shepperd v. State, 170 Ga. App. 286 (316 SE2d 785); Jolly v. State, 164 Ga. App. 240, 242 (2) (296 SE2d 784).

Decided January 30, 1985. Marcus F. Price, Jr., for appellant. Richard A. Malone, District Attorney, for appellee.

Judgment reversed.

Deen, P. J., and Sognier, J., concur.

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326 S.E.2d 574, 173 Ga. App. 395, 1985 Ga. App. LEXIS 2628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-state-gactapp-1985.

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