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Pritchard v. State

178 S.E.2d 808, 122 Ga. App. 780, 1970 Ga. App. LEXIS 1034
CourtCourt of Appeals of Georgia
DecidedNovember 9, 1970
Docket45542
StatusPublished
Cited by9 cases

This text of 178 S.E.2d 808 (Pritchard 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
Pritchard v. State, 178 S.E.2d 808, 122 Ga. App. 780, 1970 Ga. App. LEXIS 1034 (Ga. Ct. App. 1970).

Opinion

Bell, Chief Judge.

Appellant was convicted of burglary (Count 1). At trial he submitted evidence of alibi. The trial court gave the jury an instruction that the burden was on the defendant to establish his alibi by a preponderance of the evidence to the reasonable satisfaction of the jury. A charge on alibi substan *781 tially the same as this one was held to be harmful error in Parham v. State, 120 Ga. App. 723 (171 SE2d 911). The recent case of Thornton v. State, 226 Ga. 837, infers that an instruction which shifts the burden of proof to the defendant to prove alibi by a preponderance of the evidence is harmful and constitutes reversible error.

Argued September 8, 1970 Decided November 9, 1970. Scott & Alexander, Guy B. Scott, Jr., for appellant. Thomas W. Ridgway, District Attorney, for appellee.

Judgment reversed.

Quillian and Whitman, JJ., concur.

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Related

Morrison v. State
189 S.E.2d 864 (Court of Appeals of Georgia, 1972)
Jack Henry Smith v. S. Lamont Smith, Warden, Georgia State Prison
454 F.2d 572 (Fifth Circuit, 1972)
Tant v. State
182 S.E.2d 502 (Court of Appeals of Georgia, 1971)
Merneigh v. State
181 S.E.2d 498 (Court of Appeals of Georgia, 1971)
Smith v. Smith
321 F. Supp. 482 (N.D. Georgia, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
178 S.E.2d 808, 122 Ga. App. 780, 1970 Ga. App. LEXIS 1034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pritchard-v-state-gactapp-1970.