# Parham v. State

> Court of Appeals of Georgia · November 26, 1969 · 120 Ga. App. 723

URL: https://www.frixlaw.com/law-library/cases/9853407

## Case

- **Full name:** Parham v. the State
- **Court:** Court of Appeals of Georgia
- **Decided:** November 26, 1969
- **Citations:** 120 Ga. App. 723; 171 S.E.2d 911; 1969 Ga. App. LEXIS 911
- **Precedential status:** Published
- **Opinion:** Concurrence by Eberhardt
- **Judges:** Hall, Bell, Jordan, Eberhardt, Pannell, Deen, Quillian, Evans, Whitman
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9853407

## Opinion text

Eberhardt, Judge,
concurring. I think the -majority opinion is correct. I agree with the view which Judge Powell expressed in Smith v. State, 3 Ga. App. 803 ( 61 SE 737 ). I think we should follow the ruling of the Supreme Court of the United States in Johnson v. Bennett, 393 U. S. 253 (89 SC 436, 21 *729 LE2d 415), wherein there was a remand to the Court of Appeals for the purpose of conforming to the ruling in Stump v. Bennett, 398 F2d 111. If it were not for this action of the Supreme Court, which I deem tantamount to a holding that our rule as to the burden of establishing an alibi imposes an unconstitutional burden on the defendant, I should, like Judge Powell, follow the decisions of our own Supreme Court and vote to affirm the judgment, for without the ruling in the Johnson and Stump cases we should be bound to do so, whatever our view on the matter.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9853407. Public record. Not legal advice.