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Blair v. State

Court of Appeals of Georgia
Jun 26, 1986
179 Ga. App. 519 (Ga. Ct. App. 1986)

Opinion

72753.

DECIDED JUNE 26, 1986.

Mutiny. Tattnall Superior Court. Before Judge Findley.

Joel E. Williams, Jr., for appellant.

Dupont K. Cheney, District Attorney, J. Thomas Durden, Jr., Assistant District Attorney, for appellee.


Blair appeals his conviction of mutiny in a penal institution, enumerating as error the trial court's failure to charge the jury on the presumption of innocence. Held:

"`The failure of a trial judge in a criminal case to charge the jury to the effect that the defendant enters upon his trial with a presumption of innocence in his favor, and that this presumption remains with him, in the nature of evidence, until rebutted by proof satisfying the jury of his guilt to the exclusion of reasonable doubt, is error requiring the grant of a new trial. [Cit.]'" Reaves v. State, 146 Ga. App. 409, 412 ( 246 S.E.2d 427) (1978).

The state argues that the following language of the charge adequately instructed the jury on the presumption of innocence: "The defendant's (sic) not required to satisfy the jury of the existence of any fact which, if true, would be a defense to the crime." This instruction clearly did not set forth the principle of law at issue. "It is indeed difficult to imagine a more serious omission from a charge to the jury in a criminal case." Reaves, supra at 413. The trial court's failure to give a correct charge on the presumption of innocence resulted in a violation of appellant's right to a fair trial as guaranteed by the due process clause of the Fourteenth Amendment of the United States Constitution. See Taylor v. Kentucky, 436 U.S. 478 ( 98 SC 1930, 56 L.Ed.2d 468) (1978).

Judgment reversed. Birdsong, P. J., and Sognier, J., concur.

DECIDED JUNE 26, 1986.


Summaries of

Blair v. State

Court of Appeals of Georgia
Jun 26, 1986
179 Ga. App. 519 (Ga. Ct. App. 1986)
Case details for

Blair v. State

Case Details

Full title:BLAIR v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jun 26, 1986

Citations

179 Ga. App. 519 (Ga. Ct. App. 1986)
347 S.E.2d 337

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