Mims v. State

Full title: MIMS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jul 13, 1994

434 S.E.2d 832 (Ga. Ct. App. 1994)

434 S.E.2d 832

Opinion

A93A0777.

DECIDED JULY 13, 1994.

Child molestation. Clayton Superior Court. Before Judge Ison.

Lloyd J. Matthews, for appellant.

Robert E. Keller, District Attorney, Albert B. Collier, Assistant District Attorney, for appellee.

BLACKBURN, Judge.

In Mims v. State, 209 Ga. App. 901 ( 434 S.E.2d 832) (1993), we affirmed the trial court's refusal to give Mims' written request to charge on the law of circumstantial evidence. In Mims v. State, 264 Ga. 271 ( 443 S.E.2d 845) (1994), the Supreme Court, relying on Robinson v. State, 261 Ga. 698 ( 410 S.E.2d 116) (1991), reversed, finding Mims was entitled to the requested charge. Accordingly, this court's original judgment is vacated, and the judgment of the Supreme Court is hereby made the judgment of this court and the trial court's judgment is reversed.

Judgment reversed. Pope, C. J., McMurray, P. J., Birdsong, P. J., Beasley, P. J., Andrews, Johnson, Smith, JJ., and Senior Appellate Judge Harold R. Banke concur.

DECIDED JULY 13, 1994.