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Mullins v. State

Court of Appeals of Georgia
Oct 15, 1982
296 S.E.2d 185 (Ga. Ct. App. 1982)

Opinion

64599.

DECIDED OCTOBER 15, 1982.

Motor vehicle theft. Floyd Superior Court. Before Judge Royal.

Earl Brannon, for appellant.

Larry Salmon, District Attorney, William H. Boggs, Assistant District Attorney, for appellant.


John A. Mullins appeals from his conviction of motor vehicle theft.

1. There is no merit in his contention that the state should not have been permitted to read case law to the jury. Following the defendant's objection, the court noted that no facts had been referred to by the state and the transcript shows that the state did not read anything to the jury other than the law. While counsel may not read to the jury a recital of the facts of the case or the reasoning of the court as applied to the facts, he is not prevented from ". . . reading of the case law as found in the citations, and counsel may read and comment on the law to the jury in a criminal case." Wiggins v. State, 139 Ga. App. 98, 100 ( 227 S.E.2d 895) (1976).

2. The trial court correctly charged that the defendant had the burden of proving by a preponderance of the evidence that he was not mentally responsible at the time of the crime. Potts v. State, 241 Ga. 67 ( 243 S.E.2d 510) (1978); Jackson v. State, 149 Ga. App. 253 ( 253 S.E.2d 874) (1979).

3. As appellant failed to object to the certified copies of prior convictions being introduced in aggravation of sentence at the pre-sentence hearing, this issue cannot be reviewed on appeal. Adams v. State, 142 Ga. App. 252 ( 235 S.E.2d 667) (1977).

Judgment affirmed. Sognier and Pope, JJ., concur.

DECIDED OCTOBER 15, 1982.


Summaries of

Mullins v. State

Court of Appeals of Georgia
Oct 15, 1982
296 S.E.2d 185 (Ga. Ct. App. 1982)
Case details for

Mullins v. State

Case Details

Full title:MULLINS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Oct 15, 1982

Citations

296 S.E.2d 185 (Ga. Ct. App. 1982)
163 Ga. App. 896

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