in a death-penalty case, where the evidence presented only one reasonable hypothesisthe defendant's guiltand where the jury charge on the prosecution's duty to establish the defendant's guilt beyond a reasonable doubt was "full and fair," the trial court's failure to sua sponte charge on circumstantial evidence was not reversible error
How later courts described this case
- in a death-penalty case, where the evidence presented only one reasonable hypothesisthe defendant's guiltand where the jury charge on the prosecution's duty to establish the defendant's guilt beyond a reasonable doubt was "full and fair," the trial court's failure to sua sponte charge on circumstantial evidence was not reversible error
- setting aside death sentence in spite of counsel's failure to object to prosecutor's argument
- appellant contended that cumulative impact amounted to ineffective assistance of counsel
- failure to interpose a timely motion to suppress constitutes a waiver of the constitutional issue in question
Written by the judges who cited it.
The opinion
Jordan, Justice,
concurring specially.
I concur in the judgment but not in all that is said in Division 9 of the opinion. Especially do I have reservations on the holding in Fleming v. State, 240 Ga. 142 (7) (1977).