State v. McNeill
Decision Date | 01 July 1975 |
Docket Number | No. 29906,29906 |
Citation | 234 Ga. 696,217 S.E.2d 281 |
Parties | The STATE v. David William McNEILL. |
Court | Georgia Supreme Court |
Richard E. Allen, Dist. Atty., Sam B. Sibley, Asst. Dist. Atty., Augusta, for appellant.
Nicholson, Fleming & Blanchard, John Fleming, B. H. Barton, Augusta, for appellee.
Certiorari was granted to review the decision of the Court of Appeals in this case (McNeill v. State, 134 Ga.App. 45, 213 S.E.2d 119). The defendant was tried and convicted on a three count indictment charging violations of the Uniform Narcotic Drug Act, and the Court of Appeals reversed because the trial court failed to specifically charge that the State had the burden of proving beyond a reasonable doubt that the defendant was not entrapped into violating the law.
The Court of Appeals in its opinion states:
In Brown v. Matthews, 79 Ga. 1, 4 S.E. 13, this court said: This is still sound law.
The trial judge charged fully on the presumption of innocence and the burden of proof being on the State to prove guilt beyond a reasonable doubt in the light of 'all the evidence.' This part of the charge covers over four pages of the transcript. There was a lengthy charge on entrapment followed by still another charge on the burden being on the State to prove guilt beyond a reasonable doubt. The jury was fully apprised of the State's burden of proof in this case and it was not error to fail to specifically charge the jury that the State had the burden of proving that the defendant was not entrapped.
Entrapment is an affirmative defense. See Code Ann. §§ 26-905, 26-907. No attack has been made as to the constitutionality of these Code sections. The burden as to an affirmative defense is on the defendant. See Chandle v. State, 230 Ga. 574(3), 198 S.E.2d 289. Accordingly, it was not error for the trial court to fail to specifically instruct the jury that...
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Carpenter v. State
...charge is enumerated as error, the court must look to it as a whole in order to determine its fairness and accuracy. State v. McNeill, 234 Ga. 696, 217 S.E.2d 281 (1975). The charge as requested was unauthorized in this case; the charge as given correctly stated the relevant law. This enume......
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McDonald v. State
...followed Reed in reversing McNeill v. State, 134 Ga.App. 45, 213 S.E.2d 119 (1975), and was in turn reversed in State v. McNeill, 234 Ga. 696, 697, 217 S.E.2d 281 (1975), the Supreme Court holding: "There was a lengthy charge on entrapment followed by still another charge on the burden bein......
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McClure v. State
...of alibi, it is only affirmative defenses that the state has the burden of disproving beyond a reasonable doubt. State v. McNeill , 234 Ga. 696, 217 S.E.2d 281 (1975). Affirmative defenses are those in which the defendant admits doing the act charged, but seeks to justify, excuse, or mitiga......
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McClure v. State
...of alibi, it is only affirmative defenses that the state has the burden of disproving beyond a reasonable doubt. State v. McNeill , 234 Ga. 696, 217 S.E.2d 281 (1975). Affirmative defenses are those in which the defendant admits doing the act charged, but seeks to justify, excuse, or mitiga......