green
Positive treatment
14.2 score
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976
2001
2026
Top citers, strongest first. 34 distinct citers.
How cited ↗
cited
Cited "but see"
Kennedy v. State
But see State v. Moore, 237 Ga. 269 ( 227 SE2d 241 ) (1976); Patterson v. State, supra at 729. 4.
discussed
Cited as authority (rule)
McClure v. State
But once an issue of affirmative defense is raised, the burden of proof rests upon the State as to such issue, as it does with respect to all other issues in the case.”); State v. Moore, 237 Ga. 269, 270 (1) ( 227 SE2d 241 ) (1976) (prohibiting jury instructions that place any burden of persuasion upon the defendant in criminal cases). 4 explained, [t]his rule of affirmative defenses authorized in the Criminal Code follows the general rule in this [S]tate that, “If the defense is made out by the witnesses on the part of the prosecution, then the defendant need not call any; but if not, the…
discussed
Cited as authority (rule)
State v. Tyson
(2×)
also: Cited "see"
Tyson’s motion is easily denied by relying on this Court’s statute-based decision in State v. Moore, 237 Ga. 269, 272 ( 227 SE2d 241 ) (1976), where this Court was faced with the identical issue and interpreted the statute in a manner that did not endanger this Court’s constitutional power.
discussed
Cited as authority (rule)
Waters v. State
State v. Moore, 237 Ga. 269, 270 ( 227 SE2d 241 ); Veit v. State, 182 Ga. App. 753, 758 ( 357 SE2d 113 ).) The trial court concluded the charge on justification by reading to the jury OCGA § 16-3-21 (use of force in defense of self or others); § 16-3-23 (use of force in defense of habitation); § 16-3-25 (use of force in defense of property other than a habitation); and § 16-3-25 (entrapment) and instructing, “[a]gain I tell you that we have gone through these code sections to deal with the enumerations in 16-3-20, which says in all other instances which stand upon the same footing of rea…
cited
Cited as authority (rule)
Slater v. State
State v. Moore, 237 Ga. 269, 271 (2) ( 227 SE2d 241 ) (1976); Burns v. State, 89 Ga. 527, 528 (7) ( 15 SE 748 ) (1892).
discussed
Cited as authority (rule)
Veit v. State
A person will not be presumed to act with criminal intention, but the tryor [sic] of facts; that is, the jury, may find such intention upon consideration of the words, conduct, demeanor, motive and all other circumstances connected with the act for which the accused is prosecuted. . . .” In State v. Moore, 237 Ga. 269, 270 ( 227 SE2d 241 ), our Supreme Court held that “charges which place any burden of persuasion upon the defendant in criminal cases shall not be given and such charges will be deemed erroneous and subject to reversal, absent harmless error and invited error.” The charge g…
discussed
Cited as authority (rule)
Sellers v. State
It is a rule of long standing in this state that “charges which place any burden of persuasion upon the defendant in criminal cases . . . will be deemed erroneous and subject to reversal, absent harmless error and invited error.” State v. Moore, 237 Ga. 269, 270 ( 227 SE2d 241 ) (1976).
discussed
Cited as authority (rule)
Foshee v. State
In State v. Moore, 237 Ga. 269, 270 ( 227 SE2d 241 ) (1976), we held that “. . . charges which place any burden of persuasion upon the defendant in criminal cases shall not be given and such charges will be deemed erroneous and subject to reversal, absent harmless error and invited error.” The state responds that since the appellant made no contemporaneous objection to the instruction he in effect waived it.
discussed
Cited as authority (rule)
McCranie v. State
Our Supreme Court has ruled that ‘charges which place any burden of persuasion upon the defendant in criminal cases shall not be given and such charges will be deemed erroneous and subject to reversal, absent harmless error and invited error.’ State v. Moore, 237 Ga. 269, 270 ( 227 SE2d 241 ) (1976).” Lett v. State, supra at 477. 2 See Perkins v. State, 151 Ga. *190 App. 199 (1) ( 259 SE2d 193 ) (1979).
discussed
Cited as authority (rule)
Commonwealth v. Robinson
Rev. 1269 , 1288-1293 (1974). 19 See United States v. Campbell, 609 F.2d 922, 925 (8th Cir. 1979), cert. denied, 445 U.S. 918 (1980); United States v. Hearst, 563 F.2d 1331 , 1336 n.2 (9th Cir. 1977), cert, denied, 435 U.S. 1000 (1978); United States v. Johnson, 516 F.2d 209, 212-213 (8th Cir.), cert, denied, 423 U.S. 859 (1975); People v. Graham, 57 Cal. App. 3d 238, 240 (1976); State v. Moore, 237 Ga. 269, 270 (1976); People v. Aldridge, 65 Ill.
discussed
Cited as authority (rule)
Marable v. State
Deen, Chief Judge. 1. "[C]harges which place any burden of persuasion upon the defendant in criminal cases shall not be given and such charges will be deemed erroneous and subject to reversal, absent harmless error and invited error.” State v. Moore, 237 Ga. 269, 270 ( 227 SE2d 241 ) (1976).
cited
Cited as authority (rule)
Davis v. State
See Bass v. State, 237 Ga. 710, 711 ( 229 SE2d 448 ); State v. Moore, 237 Ga. 269, 270 ( 227 SE2d 241 ); Phillips v. State, 230 Ga. 444, 445 (2) ( 197 SE2d 720 ).
discussed
Cited as authority (rule)
Perkins v. State
However, I charge you that if in a criminal prosecution it becomes necessary for the defendant to explain some fact or justify certain conduct, he does not have to do so beyond a reasonable doubt.” (Emphasis supplied.) This issue is controlled by the rule enunciated by the Supreme Court in State v. Moore, 237 Ga. 269, 270 (1) ( 227 SE2d 241 ) (1976), that after the final date of that decision "charges which place any burden of persuasion upon the defendant in criminal cases shall not be given and such charges will be deemed erroneous and subject to reversal, absent harmless error and invited…
discussed
Cited as authority (rule)
Eubanks v. State
There is ordinarily no burden on a defendant in a criminal case: as stated in State v. Moore, 237 Ga. 269, 270 ( 227 SE2d 241 ), instructions which place any burden of persuasion on him will constitute reversible error unless harmless or invited.
discussed
Cited as authority (rule)
Evans v. State
Charges which place any burden of persuasion on a defendant in a criminal case are to be deemed erroneous, but "usual charges on presumptions are not considered burden shifting.” State v. Moore, 237 Ga. 269, 270 ( 227 SE2d 241 ).
discussed
Cited as authority (rule)
State v. Avery
(2×)
NOTES [1] "We point out that the usual charges on presumptions are not considered `burden shifting' charges, nor are charges that such presumptions may be rebutted." State v. Moore, 237 Ga. 269, 270 ( 227 SE2d 241 ) (1976).
examined
Cited "see"
Bruce v. Smith
(5×)
also: Cited "see, e.g."
See State v. Moore, 237 Ga. 269 ( 227 SE2d 241 ) (1976); see also Moore v. State, 137 Ga. App. 735 ( 224 SE2d 856 ) (1976), rev’d, 237 Ga. 269 ( 227 SE2d 241 ) (1976) (discussing confusion in case law on whether defendant ever has burden of proof or persuasion in a criminal case.
cited
Cited "see"
Griffin v. State
Chandle v. State, 230 Ga. 574 (3) ( 198 SE2d 289 ) (1973); see State v. Moore, 237 Ga. 269 (1) ( 227 SE2d 241 ) (1976).
cited
Cited "see"
Clarington v. State
See State v. Moore, 237 Ga. 269 (1) ( 227 SE2d 241 ) (1) (1976); Wilson v. Zant, 249 Ga. 373, 380 (3) ( 290 SE2d 442 ) (1982).
cited
Cited "see"
Malone v. State
See State v. Moore, 237 Ga. 269 (1) ( 227 SE2d 241 ); Brooks v. State, 143 Ga. App. 523 (4) ( 239 SE2d 207 ).
cited
Cited "see"
McCorquodale v. Balkcom
See State v. Moore, 237 Ga. 269, 270 , 227 S.E.2d 241, 242 (1976); Washington v. State, 142 Ga.App. 651 , 236 S.E.2d 837 (1977).
cited
Cited "see"
Chatham v. State
See, generally, State v. Moore, 237 Ga. 269 ( 227 SE2d 241 ) (1976).
discussed
Cited "see"
State v. Mason
App. 1975); accord, State v. Moore, 237 Ga. 269 , 227 S.E.2d 241 (1976); Trotti v. State, 144 Ga. App. 648 , 242 S.E.2d 270 (1978); See also Pinkus v. United States, _ U.S. _, 98 S. Ct. 1808 , _ L.Ed.2d _ (1978) citing Hamling v. United States, 418 U.S. 87 , 94 S. Ct. 2887 , 41 L.
cited
Cited "see"
Fox v. State
See State v. Moore, 237 Ga. 269, 270 ( 227 SE2d 241 ) (1976); Lofton v. State, 237 Ga. 275 ( 227 SE2d 327 ) (1976).
discussed
Cited "see"
Roberts v. State
See generally State v. Moore, 237 Ga. 269 ( 227 SE2d 241 ). " 'The defendant who interposes an entrapment defense may not controvert the allegations of the indictment. . .In asserting an entrapment defense, . . . accused admits the commission of the offense while denying that he was inclined to commit the offense before the intervention of the law enforcement agent.
cited
Cited "see"
Harris v. State
See State v. Moore, 237 Ga. 269 ; Thornton v. State, 139 Ga. App. 483 (5); Webb v. State, 136 Ga. App. 90 (4) ( 220 SE2d 27 ). 2.
cited
Cited "see, e.g."
Cohen v. State
See also State v. Moore, 237 Ga. 269 , 227 S.E.2d 241 (1976) which held that the State could proceed on certiorari review in Georgia. ¶ 11.
cited
Cited "see, e.g."
Padgett v. State
See also State v. Moore, 237 Ga. 269 ( 227 SE2d 241 ) (1976).
Retrieving the full opinion text from the archive…
Culberson
v.
Culberson
v.
Culberson
31313.
Supreme Court of Georgia.
Jul 15, 1976.
Robert J. Evans, for appellant., James A. Robbins, Jr., for appellee.
Nichols.
Cited by 2 opinions | Published
Nichols, Chief Justice.
Under the decision in Knox v. Knox, 225 Ga. 481 (169 SE2d 805) (1969); Potts v. Potts, 229 Ga. 827 (194 SE2d 471) (1972); and White v. White, 233 Ga. 289 (210 SE2d 817) (1974), a substantial decrease in the husband’s income or financial status since the date of the divorce decree may warrant a decrease of alimony and child support payments but does not demand it.
The judgment of the trial court refusing to modify the alimony and child support payments was not error.
Judgment affirmed.
All the Justices concur.