Shields v. State
| Decision Date | 21 June 1972 |
| Docket Number | No. 47200,No. 3,47200,3 |
| Citation | 126 Ga.App. 544,191 S.E.2d 448 |
| Parties | Charles SHIELDS v. The STATE |
| Court | Georgia Court of Appeals |
Glenn Zell, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., James H. Mobley, Jr., Joel M. Feldman, Richard E. Hicks, Atlanta, for appellee.
Syllabus Opinion by the Court
The appellant was convicted of manslaughter and a misdemeanor. An appeal was filed and the case is here for review. Held:
1. Where a preliminary hearing is held the defendant must be afforded counsel because it is a critical stage of the criminal court process. Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387. However, the defendant is not deprived of any constitutional right if the grand jury issues an indictment against him prior to the holding of a preliminary hearing. Johnson v. Plunkett, 215 Ga. 353(3), 110 S.E.2d 745; Johnson v. State, 215 Ga. 839(5), 114 S.E.2d 35; Cannon v. Grimes, 223 Ga. 35(2-3), 153 S.E.2d 445; Henderson v. State, 225 Ga. 273(2), 168 S.E.2d 160. Therefore, it was not error to deny the defendant's motion for a preliminary hearing which was made subsequent to his indictment.
2. The appellant contends that the trial judge erred in instructing the jury: 'Now, the law presumes every act which is in itself unlawful was criminally intended until the contrary is made to appear.' Under that which was held in Williams v. State, Ga.App., 191 S.E.2d 100, the appellant's contention is correct because the charge is contrary to that which is stated in the Criminal Code of Georgia, § 26-605 (Code Ann. § 26-605; Ga.L.1968, pp. 1249, 1269).
3. The remaining enumerations of error are without merit.
Judgment reversed.
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Johnson v. State
...S.E.2d 51, that the absence of a commitment hearing does not divest the criminal court of jurisdiction. Our court in Shields v. State, 126 Ga.App. 544, 191 S.E.2d 448, ruled that it was not error to deny defendant's motion for preliminary hearing which was made subsequent to the indictment.......
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Shields v. State, 55975
...convicted of voluntary manslaughter and sentenced to serve a term of nine years as determined by the jury in 1971. In Shields v. State, 126 Ga.App. 544, 191 S.E.2d 448, his conviction and sentence were reversed. He was retried and again convicted of voluntary manslaughter, the jury this tim......
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Douglas v. State, 49637
...S.E.2d 35; Cannon v. Grimes, 223 Ga. 35(2, 3), 153 S.E.2d 445; Henderson v. State, 225 Ga. 273(2), 168 S.E.2d 160.' Shields v. State, 126 Ga.App. 544(1), 191 S.E.2d 448. Since the purpose of the commitment hearing is to determine whether there is probable cause to hold the accused for trial......
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First Nat. Bank & Trust Co. in Macon v. State, s. 51157
...S.E.2d 35; Cannon v. Grimes, 223 Ga. 35(2, 3), 153 S.E.2d 445; Henderson v. State, 225 Ga. 273(2), 168 S.E.2d 160.' Shields v. State, 126 Ga.App. 544(1), 191 S.E.2d 448.' Douglas v. State, 132 Ga.App. 694(1), 209 S.E.2d 114. 'A committal court would have no jurisdiction to determine whether......