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Ferguson v. State

Court of Appeals of Georgia
Feb 1, 1983
299 S.E.2d 761 (Ga. Ct. App. 1983)

Opinion

65100.

DECIDED FEBRUARY 1, 1983.

Armed robbery. Richmond Superior Court. Before Judge Pierce.

John L. Mixon III, for appellant.

Sam B. Sibley, Jr., District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.


Armed robbery. Appellant's sole enumeration of error is that the trial court's charge on the presumption relating to intent was erroneous and inconsistent, and could be interpreted by the jury as burden-shifting in violation of Sandstrom v. Montana, 442 U.S. 510 (99 SC 2450, 61 L.Ed.2d 39) (1979).

At the conclusion of its charge to the jury the trial court asked both counsel if they had any objections to its charge. Although appellant's counsel objected to the court's charge on possession of recently stolen property and the court's failure to give one of appellant's requested charges, he did not object to the court's charge on presumptions relating to intent. Our appellate courts have held that an appellant waives his right to enumerate error as to a charge given by the trial court by failing to respond to the court's inquiry on objections to the charge. White v. State, 243 Ga. 250, 251 ( 253 S.E.2d 694) (1979); Brown v. State, 154 Ga. App. 358, 359 ( 268 S.E.2d 731) (1980).

Even considering appellant's enumeration, both our Supreme Court and this court have decided the issue raised adversely to appellant's contentions. Skrine v. State, 244 Ga. 520 ( 260 S.E.2d 900) (1979); Wilson v. Zant, 249 Ga. 373, 380 (3) ( 290 S.E.2d 442) (1982); Jones v. State, 159 Ga. App. 845, 849 (6) ( 285 S.E.2d 584) (1981).

Judgment affirmed. Deen, P. J., and Pope, J., concur.

DECIDED FEBRUARY 1, 1983.


Summaries of

Ferguson v. State

Court of Appeals of Georgia
Feb 1, 1983
299 S.E.2d 761 (Ga. Ct. App. 1983)
Case details for

Ferguson v. State

Case Details

Full title:FERGUSON v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 1, 1983

Citations

299 S.E.2d 761 (Ga. Ct. App. 1983)
299 S.E.2d 761

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