Opinion

Hawes v. State

  • 240 Ga. 327
  • 240 S.E.2d 833
  • 1977 Ga. LEXIS 1496
Court
Supreme Court of Georgia
Filed
Nov 28, 1977
Status
Published
Author
Jordan
On the bench
Hall, Hill, Jordan, Marshall
Cited by
190 cases
Authority
More cited than 6.6%

in a death-penalty case, where the evidence presented only one reasonable hypothesis—the defendant's guilt—and 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 hypothesis—the defendant's guilt—and 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).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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