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266 Ga. 163

Rainey v. State

Supreme Court of Georgia

Decided January 22, 1996

Supreme Court of Georgia · decided 1996-01-22

Relies on Stubbs v. State · Rainey v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-01-22

How this case has been cited

Cited by 9 later decisions — most recently May 2023

9 state decisions

501996200020102020decided

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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Thompson, Justice.

¶1Rainey was convicted of rape and possession of cocaine following a jury trial at which direct evidence of guilt was offered during the State’s case-in-chief. He did not request a jury instruction on the law of circumstantial evidence, and none was given by the trial court. His convictions were affirmed by the Court of Appeals in Rainey v. State, 216 Ga. App. 557 (455 SE2d 73) (1995). We granted certiorari because the issues presented in Rainey’s petition were then pending before this Court in Stubbs v. State, 265 Ga. 883 (463 SE2d 686) (1995). We subsequently rendered our decision in Stubbs, in which we reiterated that where the State’s case rests both on direct and circumstantial evidence, a jury instruction on circumstantial evidence is required to be given only upon request. Since Rainey failed to request a charge on the law of circumstantial evidence as set out in OCGA § 24-4-6, the judgment of the Court of Appeals must be affirmed. Stubbs, supra.

¶2Judgment affirmed.

All the Justices concur, except Fletcher, P. J., who concurs in the judgment only.
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