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113 Ga. 189

Barnes v. State

Supreme Court of Georgia

Decided March 25, 1901

Supreme Court of Georgia · decided 1901-03-25

<p>Indictment for robbery. Before Judge Brinson. Richmond superior court. January 19, 1901.</p>

Relies on Keys v. State · Lucas v. State · Wood & Bro. v. Collins

Good law ✅— No negative treatment on recordhow we know

Decided 1901-03-25

How this case has been cited

Cited by 5 later decisions — most recently April 1965

1 federal appellate · 4 state decisions

201901191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Titixe, J.

¶11. An exception to an accurate and pertinent proposition of law which was given in charge to the jury by the trial judge, on the ground that the judge erred in failing to charge in connection therewith another equally as correct proposition bearing on the same subject, can not be sustained. The charge complained of, being of itself sound, was not rendered assailable by a failure to connect it with another correct principle. If the law involved in the proposition which it is complained the judge failed to connect was material to the defense of the accused, and the jury was not by the general charge correctly instructed in relation thereto, an exception should have been directly taken to the failure thus to charge. Lucas v. State, 110 Ga. 756 ; Wood v. Collins, 111 Ga. 37 ; Keys v. State, 112 Ga. 392.

¶22. When in the trial of a criminal case the jury has been instructed that the burden is on the State to establish every material allegation in the indictment beyond a reasonable doubt, a failure to give the same principle of law in connection with another portion of the charge is not error.

¶33. The record contains sufficient evidence to support the verdict of guilty which was rendered.

¶44. The term of imprisonment imposed as punishment was within the limit fixed by law, and, under the evidence, was not excessive.

¶5Judgment affirmed.

All the Justices concurring.
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