General v. State

8 Citing cases

  1. Hawkins v. State

    390 S.E.2d 836 (Ga. 1990)   Cited 12 times

    6. (a) Hawkins contends that the trial court erred in refusing to charge on the "two theories" of circumstantial evidence. For a discussion of the propriety of the requested charge, see General v. State, 256 Ga. 393 (3) ( 349 S.E.2d 701) (1986). (b) Hawkins' testimony established by direct evidence his intent to commit aggravated assault.

  2. Kyler v. State

    270 Ga. 81 (Ga. 1998)   Cited 20 times

    Hence, a charge on two equal theories was not warranted in this case.General v. State, 256 Ga. 393, 394 ( 349 S.E.2d 701) (1986). 9.

  3. Elmore v. State

    269 Ga. 528 (Ga. 1998)   Cited 5 times

    At the time of Elmore's trial, such a charge was authorized in a case based entirely upon circumstantial evidence. See General v. State, 256 Ga. 393, 394 (3) ( 349 S.E.2d 701) (1986). Subsequently, however, this Court held that a "two theories" charge is not required if the trial court properly instructs the jury on circumstantial evidence.

  4. Hamilton v. State

    260 Ga. 3 (Ga. 1990)   Cited 17 times

    (b) "The request ... is appropriate only when all of the evidence is circumstantial. [Cit.]" General v. State, 256 Ga. 393, 394 ( 349 S.E.2d 701) (1986). Because the record contains direct as well as circumstantial evidence, the requested charge was not applicable. There was no error.

  5. Roura v. State

    447 S.E.2d 52 (Ga. Ct. App. 1994)   Cited 9 times

    The charge, which the Supreme Court recites is "based on Patrick v. State, 75 Ga. App. 687 ( 44 S.E.2d 297) (1947)," is, according to it, "appropriate only when all of the evidence is circumstantial. [Cit.]" General v. State, 256 Ga. 393, 394 (3) ( 349 S.E.2d 701) (1986). Note that the Court said it was "appropriate," not that it is "required."

  6. Johnson v. State

    435 S.E.2d 458 (Ga. Ct. App. 1993)   Cited 23 times
    In Johnson v. State, 210 Ga. App. 99 (435 S.E.2d 458) (1993), Judge Birdsong's majority opinion exactly stated the result intended by the rule we espoused in Robinson.

    2. The "two theories" charge is improper where there is direct evidence ( General v. State, 256 Ga. 393 ( 349 S.E.2d 701)); moreover, we have recently held that this statement of law does not accurately state the principle addressed and should never be given. Langston v. State, 208 Ga. App. 175 ( 430 S.E.2d 365); see Burris v. State, 204 Ga. App. 806 ( 420 S.E.2d 582). In any event, there is not a reasonable theory consistent with innocence.

  7. Langston v. State

    208 Ga. App. 175 (Ga. Ct. App. 1993)   Cited 18 times
    In Langston v. State, 208 Ga. App. 175 (430 S.E.2d 365) (1993), this court upheld the trial court's refusal to give the requested charge at issue here.

    Eventually, the "two theories" description was submitted as a proper charge on the law of circumstantial evidence, in lieu of a charge on the statute itself. Although criticized often and severely, its use in cases where the evidence is entirely circumstantial has been authorized by the Supreme Court. General v. State, 256 Ga. 393, 394 (3) ( 349 S.E.2d 701) (1986). It also appears in the Suggested Pattern Jury Instructions, Criminal Cases (2d ed.), p. 18, item B. In the latter it even contains the quantitative word "equal."

  8. Woods v. State

    369 S.E.2d 353 (Ga. Ct. App. 1988)   Cited 9 times

    ]" (Emphasis in original.) General v. State, 256 Ga. 393, 394 (3) ( 349 S.E.2d 701) (1986). In this case, there was direct testimony offered by the victim and, accordingly, not all of the evidence was circumstantial.