From Casetext: Smarter Legal Research

Evans v. State

Court of Appeals of Georgia
Oct 13, 2009
300 Ga. App. 442 (Ga. Ct. App. 2009)
Download
PDF
Check
Treatment

Summary

holding that trial court's jury instructions as a whole, which indicated that defendant could only be found guilty if the State proved every material allegation in the indictment, cured any potential problem that may have occurred when the court charged the entirety of the child-molestation statute

Summary of this case from Wheeler v. State
See 2 Summaries

Opinion

No. A07A1346.

DECIDED OCTOBER 13, 2009.

Burglary, etc. Douglas Superior Court. Before Judge James.

Mary Erickson, for appellant.

David McDade, District Attorney, Paige E. Boorman, Assistant District Attorney, for appellee.

MILLER, Chief Judge.

In State v. Evans, 285 Ga. 67 ( 673 SE2d 243) (2009), the Supreme Court of Georgia reversed the judgment of this Court in Evans v. State, 288 Ga. App. 304 ( 653 SE2d 503) (2007). Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own. Judgment reversed. Smith, P. J., and Barnes, J., concur.

MILLER, Chief Judge.

DECIDED OCTOBER 13, 2009.

Summaries of

Evans v. State

Court of Appeals of Georgia
Oct 13, 2009
300 Ga. App. 442 (Ga. Ct. App. 2009)

holding that trial court's jury instructions as a whole, which indicated that defendant could only be found guilty if the State proved every material allegation in the indictment, cured any potential problem that may have occurred when the court charged the entirety of the child-molestation statute

Summary of this case from Wheeler v. State

finding that any potential problem with a child-molestation charge was cured when “the trial court read the indictment to the jury, instructed the jury that the state had the burden of proving every material allegation in the indictment beyond a reasonable doubt and sent the indictment out with the jury during its deliberations”

Summary of this case from Curry v. State
Case details for

Evans v. State

Case Details

Full title:EVANS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Oct 13, 2009

Citations

300 Ga. App. 442 (Ga. Ct. App. 2009)
685 S.E.2d 428

Citing Cases

Adams v. State

(Punctuation omitted.) Machado v. State, 300 Ga.App. 459, 462(5), 685 S.E.2d 428 (2009). “Here, the trial…

Wheeler v. State

Accordingly, these instructions, when considered in their entirety, cured any potential error pertaining to…

17 Citing Cases