Boswell v. State, 34853
| Decision Date | 31 May 1979 |
| Docket Number | No. 34853,34853 |
| Citation | 243 Ga. 732,256 S.E.2d 470 |
| Parties | BOSWELL v. The STATE. |
| Court | Georgia Supreme Court |
James M. Watts, Milledgeville, for appellant.
Frank C. Mills, III, Dist. Atty., Arthur K. Bolton, Atty. Gen., Michael R. Johnson, Staff Asst. Atty. Gen., for appellee.
This is an out-of-time appeal from a 1973 murder conviction and life sentence.
Boswell contends that the following charges given at his trial were burden- shifting under Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975) and State v. Moore, 237 Ga. 269, 227 S.E.2d 241 (1975):
These charges are proper under Patterson v. New York, 432 U.S. 197, 97 S.Ct. 2319, 53 L.Ed.2d 281 (1977); Grace v. Hopper, 566 F.2d 507 (5th Cir.) cert. den., 439 U.S. 844, 99 S.Ct. 139, 58 L.Ed.2d 144 (1978); Pierce v. State, 243 Ga. 454, 254 S.E.2d 838 (1979); Durham v. State, 239 Ga. 697, 698, 238 S.E.2d 334 (1977).
The final enumeration of error is deemed abandoned under Rule 18(c)(2) of this court.
Judgment affirmed.
All the Justices concur.
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...to mean that Leland does not violate the due process requirement established in Winship and Mullaney. (See Boswell v. State (1979), 243 Ga. 732, 732, 256 S.E.2d 470, 471; Price v. State (1980), 274 Ind. 479, 482, 412 N.E.2d 783, 785; In Re Certified Question (1986), 425 Mich. 457, 468, 390 ......
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Chancellor v. State
...impermissibly shifts the burden of proof to the defendant has been rejected by the appellate courts of this state in Boswell v. State, 243 Ga. 732, 256 S.E.2d 470 and Frier v. State, 157 Ga.App. 56, 276 S.E.2d 9. Nor was it error to refuse to charge on delusional compulsion. Before such a d......
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Scoggins v. State, 60384
...the defense of insanity must prove their insanity at the times in question by a preponderance of the evidence. See Boswell v. State, 243 Ga. 732, 256 S.E.2d 470 (1979); Grace v. Hopper, 566 F.2d 507 (5th Cir.) cert. den. 439 U.S. 844, 99 S.Ct. 139, 58 L.Ed.2d 144 (1978). This court will not......
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Frier v. State, 60894
...227 S.E.2d 241 (1976), appellant urges that the charge is impermissibly burden shifting. This argument was rejected in Boswell v. State, 243 Ga. 732, 256 S.E.2d 470 (1979). See also State v. Avery, 237 Ga. 865, 230 S.E.2d 301 (1976); Oliver v. State, 244 Ga. 107(1), 259 S.E.2d 56 (1979); Br......