Pritchard v. State

Full title: PRITCHARD v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 9, 1970

178 S.E.2d 808 (Ga. Ct. App. 1970)

178 S.E.2d 808

Opinion

45542.

ARGUED SEPTEMBER 8, 1970.

DECIDED NOVEMBER 9, 1970.

Burglary. Clarke Superior Court. Before Judge Barrow.

Scott Alexander, Guy B. Scott, Jr., for appellant.

Thomas W. Ridgway, District Attorney, for appellee.

BELL, Chief Judge.

Appellant was convicted of burglary (Count 1). At trial he submitted evidence of alibi. The trial court gave the jury an instruction that the burden was on the defendant to establish his alibi by a preponderance of the evidence to the reasonable satisfaction of the jury. A charge on alibi substantially the same as this one was held to be harmful error in Parham v. State, 120 Ga. App. 723 ( 171 S.E.2d 911). The recent case of Thornton v. State, 226 Ga. 837, infers that an instruction which shifts the burden of proof to the defendant to prove alibi by a preponderance of the evidence is harmful and constitutes reversible error.

Judgment reversed. Quillian and Whitman, JJ., concur.

ARGUED SEPTEMBER 8, 1970 — DECIDED NOVEMBER 9, 1970.