Holmes v. State

Full title: HOLMES v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 2, 1977

233 S.E.2d 63 (Ga. Ct. App. 1977)

233 S.E.2d 63

Opinion

53347.

SUBMITTED JANUARY 19, 1977.

DECIDED FEBRUARY 2, 1977.

Drug violation. Richmond Superior Court. Before Judge Fulcher.

Percy Blount, for appellant.

Richard E. Allen, District Attorney, Gayle B. Hamrick, Assistant District Attorney, for appellee.

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 S.E.2d 724).

2. The evidence authorized the conviction.

Judgment affirmed. McMurray and Smith, JJ., concur.

SUBMITTED JANUARY 19, 1977 — DECIDED FEBRUARY 2, 1977.