Public-domain · open source
OpenJurist

134 Ga. App. 45

213 S.E.2d 119

McNeill v. State

Court of Appeals of Georgia

Decided January 21, 1975

Court of Appeals of Georgia · decided 1975-01-21

Cited by 5 later decisions — most recently October 1980

5 state decisions

Relies on 130 Ga. App. 659 - Reed v. State · Green v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1975-01-21

View the full empirical analysis of this case →

¶1On Motion for Rehearing.

¶2By motion for rehearing the state contends that the defendant failed either to request a charge on the burden of proof or to make a proper objection.

¶3The Reed case, 130 Ga. App. 659, 663 (204 SE2d 335), held: "The trial court committed prejudicial error in failing to instruct the jury that the state had the burden of proof on the question of entrapment.” The decision was predicated on the failure by charge to provide the jury with proper guidelines. See Green v. State, 230 Ga. 756, 759 (2) (199 SE2d 199). Any language in the Reed case implying that an objection was therefore necessary must be considered as obiter dictum. See Code Ann. § 70-207 (Ga. L. 1965, pp. 18, 31; 1966, pp. 493, 498; 1968, pp. 1072, 1078).

¶4Motion for rehearing denied.

/134/gaapp/45 · .json · Public domain