Cato v. State

Court of Appeals of Georgia

Decided March 11, 1994

Court of Appeals of Georgia · decided 1994-03-11

Cited by 2 later decisions — most recently August 2002

2 state decisions

Relies on Robinson v. State · 209 Ga. App. 901 - Mims v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-03-11

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Smith, Judge,

¶1concurring specially.

¶2For the reasons stated in my dissent in Mims v. State, 209 Ga. App. 901 (434 SE2d 832) (1993), I believe this case is controlled by Robinson v. State, 261 Ga. 698 (410 SE2d 116) (1991). The State’s case here depended, at least in part, on circumstantial evidence, and defendant’s trial counsel requested a jury charge in the language of OCGA § 24-4-6. Under the circumstances presented here, the refusal to give such an instruction was error, and that error was not harmless.