Opinion

State v. Moore

  • 237 Ga. 269
  • 227 S.E.2d 241
  • 1976 Ga. LEXIS 1224
Court
Supreme Court of Georgia
Filed
Jun 29, 1976
Status
Published
Author
Gunter
On the bench
Nichols, Ingram, Hill, Gunter
Cited by
84 cases

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

Gunter, Justice,

dissenting.

I agree with the opinion and judgment of the Court of Appeals in this case and would affirm that court’s judgment.

I respectfully dissent.

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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