175 Ga. App. 463
333 S.E.2d 436
Decided June 20, 1985
Court of Appeals of Georgia · decided 1985-06-20
Good law ✅— No negative treatment on recordhow we know
Decided 1985-06-20
Cited by 36 later decisions — most recently November 2004 · most notably Lattarulo v. State (1991), 528 So. 2d 1159 - Ex Parte State (1988)
34 state decisions
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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¶1concurring specially.
¶2I do not reach the issue of the jury instructions in this case because the conviction is beyond reach of a challenge to it and thus the question is not properly before this court. Of course, cases dealing with jury instructions as to violations of subsections (1) or (3) of OCGA § 40-6-391 (a), and the presumptions in OCGA § 40-6-392 (b), must be re-examined for compliance with Francis v. Franklin, _ U. S__(105 SC_, 85 LE2d 344, 53 LW 4495) (1985).