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Georgia Court of Appeals, 1977

Holmes v. State

Holmes v. State
Georgia Court of Appeals · Decided February 2, 1977 · Bell
141 Ga. App. 181; 233 S.E.2d 63; 1977 Ga. App. LEXIS 1824

Holmes v. State

Opinion of the Court

Bell, Chief Judge.

The defendant was convicted of selling heroin. His-defense was that of alibi. Held:

1. Defendant attacks the charge on alibi as being burden shifting. The trial court charged’ on alibi in substantially the same language as a charge that was approved by the Supreme Court in Mills v. State, 236 Ga. 364 (223 SE2d 724).

2. The evidence authorized the conviction.

Judgment affirmed.

McMurray and Smith, JJ., *182 concur. Submitted January 19, 1977 Decided February 2, 1977. Percy Blount, for appellant. Richard E. Allen, District Attorney, Gayle B. Hamrick, Assistant District Attorney, for appellee.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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