Kelley v. State

Court of Appeals of Georgia

Kelley v. State

289 S.E.2d 311, 161 Ga. App. 111, 1982 Ga. App. LEXIS 1776

Court of Appeals of Georgia·Decided January 28, 1982·No. 63013·Published

Opinion

Quillian, Chief Judge.

The defendant appeals his conviction for violation of the Georgia Controlled Substances Act. It is contended that one portion of the charge omitted any reference to reasonable doubt, and that, as to another portion about reasonable doubt which was stricken, by striking such portion the jury was given the impression that reasonable doubt was not required. Held:

The grounds argued are without merit. The trial judge’s charge considered in its entirety, more than adequately charged on reasonable doubt and was replete with references to that concept.;

Judgment affirmed.

McMurray, P. J., and Pope, J., concur. Cleve Miller, District Attorney, Lindsay Tice, Assistant District Attorney, for appellee.

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Quillian, Chief Judge.

The defendant appeals his conviction for violation of the Georgia Controlled Substances Act. It is contended that one portion of the charge omitted any reference to reasonable doubt, and that, as to another portion about reasonable doubt which was stricken, by striking such portion the jury was given the impression that reasonable doubt was not required. Held:

The grounds argued are without merit. The trial judge’s charge considered in its entirety, more than adequately charged on reasonable doubt and was replete with references to that concept.;

Judgment affirmed.

McMurray, P. J., and Pope, J., concur. Cleve Miller, District Attorney, Lindsay Tice, Assistant District Attorney, for appellee.

Kelley v. State, 289 S.E.2d 311, 161 Ga. App. 111, 1982 Ga. App. LEXIS 1776 (Ga. Ct. App. 1982).

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289 S.E.2d 311 (Kelley v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.