Leach v. State

226 S.E.2d 78, 138 Ga. App. 274, 1976 Ga. App. LEXIS 2131

Opinions

Quillian, Judge.

The defendant was tried, convicted and sentenced for the crime of burglary. His motion for new trial was overruled and appeal to this court followed. Held:

1. During voir dire examination of prospective jurors, counsel for the defendant objected to district attorney’s referring to the defendant as "the prisoner at the bar.”

The Georgia Supreme Court has held that in view of Code § 59-806 using the very expression in question that it is not error on voir dire to refer to the accused as "the prisoner at the bar.” West v. State, 229 Ga. 427 (2) (192 SE2d 163); Collier v. State, 232 Ga. 282, 283 (2) (206 SE2d 445).

2. The following portion of the charge is enumerated as error: "The defendant pleads not guilty, and that shifts the burden of proof to the State, as I have indicated previously.”

Although this language might better have been omitted it was not harmful error in view of the full, complete and exhaustive instructions regarding the reasonable doubt doctrine which were expounded to the jury, both prior to and subsequent to the language in question. The jury was never left in doubt that the burden was on the state to prove the defendant’s guilt.

3. The remaining enumeration of error as to whether on the sentence hearing the trial judge erred in considering an F. B. I. report to which no objection was interposed and the contents of which report were fully discussed by the defendant reveals no basis for reversal.

Argued February 4, 1976 Decided February 24, 1976 Rehearing denied March 16, 1976 Moulton, Garriere, Cavan & Maloof, J. Wayne Moulton, for appellant. Edward E. McGarity, District Attorney, Hal Craig, Assistant District Attorney, for appellee.

Judgment affirmed.

Deen, P. J., and Webb, J., concur.