Pritchard v. State, 45542
| Citation | 122 Ga.App. 780,178 S.E.2d 808 |
| Decision Date | 09 November 1970 |
| Docket Number | No. 1,No. 45542,45542,1 |
| Parties | Joseph H. PRITCHARD v. The STATE |
| Court | Georgia Court of Appeals |
Scott & Alexander, Guy B. Scott, Jr., Athens, for appellant.
Thomas W. Ridgway, Dist. Atty., Monroe, for appellee.
Syllabus Opinion by the Court
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 substantially the same as this one was held to be harmful error in Parham v. State, 120 Ga.App. 723, 171 S.E.2d 911. The recent case of Thornton v. State, 226 Ga. 837, 178 S.E.2d 193, 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.
Judgment reversed.
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Smith v. Smith, Civ. A. No. 14304
...held the placing upon a defendant the burden of proving his alibi by a preponderance of the evidence to be error. Pritchard v. State, 178 S.E.2d 808 (Ga.App.1970); Moultrie v. State, 93 Ga.App. 396, 92 S. E.2d 33 (1956). The most widely used wording of defendant's burden is that "alibi must......
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Smith v. Smith, 71-1311.
...held the placing upon a defendant the burden of proving his alibi by a preponderance of the evidence to be error. Pritchard v. State, 122 Ga.App. 780, 178 S.E.2d 808 (1970); Moultrie v. State, 93 Ga.App. 396, 92 S.E.2d 33 (1956). The most commonly accepted wording of defendant's burden is t......
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Merneigh v. State
...602, 170 S.E.2d 426; Thornton v. State, 226 Ga. 837, 178 S.E.2d 193; Parham v. State, 120 Ga.App. 723, 171 S.E.2d 911; Pritchard v. State, 122 Ga.App. 780, 178 S.E.2d 808; Smith v. Smith, (Shoemake v. Whitlock), Civil Actions Nos. 14304, 14305, United States District Court, Northern Distric......
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Willis v. State
... ... It is again settled that there is no duty resting on a trial judge in any criminal case to direct a verdict of not guilty. Pritchard v. State, 224 Ga. 776, 779, 164 S.E.2d 808. See also Anderson v. State, 120 Ga.App. 147(1), 169 S.E.2d 629; Arnall v. State, 120 Ga.App. 309(2), 170 ... ...