discussing confusion in case law on whether defendant ever has burden of proof or persuasion in a criminal case. See In re Winship, 397 U. S. 358 (90 SC 1068, 25 LE2d 368) (1970); Mullaney v. Wilbur, 421 U. S. 684 (95 SC 1881, 44 LE2d 508) (1975
How later courts described this case
- discussing confusion in case law on whether defendant ever has burden of proof or persuasion in a criminal case. See In re Winship, 397 U. S. 358 (90 SC 1068, 25 LE2d 368) (1970); Mullaney v. Wilbur, 421 U. S. 684 (95 SC 1881, 44 LE2d 508) (1975
- prohibiting jury instructions that place any burden of persuasion upon the defendant in criminal cases
- discussing confusion in case law on whether defendant ever has burden of proof or persuasion in a criminal case
Written by the judges who cited it.
The opinion
*272 Hill, Justice,
concurring specially.
I concur in the second division of the opinion but not in the first division. I would adopt the decision of the Court of Appeals in this case, Moore v. State, 137 Ga. App. 735 ( 224 SE2d 856 ) (1976), in lieu of Division 1.
I am authorized to state that Justice Ingram joins in this special concurrence.