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Lawskills.com Georgia Caselaw
COWART v. THE STATE.
30777.
JORDAN, Justice.
1968, pp. 1249, 1275). The trial judge instructed the jury that this defense must be made to appear by a preponderance of the evidence.
In State v. Moore, 237 Ga. 269 (1976), this court held that it was not error to give a similar charge on the affirmative defense of coercion, but that such a burden-shifting charge would not be approved in cases tried after the final date of that decision.
HILL, Justice, dissenting.
I respectfully dissent. I would adopt the opinion of the Court of Appeals in Moore v. State, 137 Ga. App. 735 (224 SE2d 856) (1976).
I am authorized to state that Justice Ingram joins in this dissent.
Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.
John W. Timmons, Jr., Jack H. Affleck, for appellant.
ARGUED APRIL 12, 1976 -- DECIDED JUNE 30, 1976 -- REHEARING DENIED JULY 14, 1976.
Saturday September 6 00:50 CDT


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