State v. McNeill, 217 S.E.2d 281 (Ga. 1975). · Go Syfert
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State v. McNeill, 217 S.E.2d 281 (Ga. 1975). Cases Citing This Book View Copy Cite
106 citation events (6 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
cited Cited as authority (rule) Howard v. State
Ga. Ct. App. · 1983 · confidence medium
See Felts v. State, 244 Ga. 503, 504 (3), 505 ( 260 SE2d 887 ); State v. McNeill, 234 Ga. 696, 697 ( 217 SE2d 281 ).
discussed Cited as authority (rule) Ranger v. State (2×)
Ga. · 1982 · confidence medium
State v. McNeill, 234 Ga. 696, 697 ( 217 SE2d 281 ) (1975).
discussed Cited as authority (rule) McDonald v. State
Ga. Ct. App. · 1980 · confidence medium
However, this court followed Reed in reversing McNeill v. State, 134 Ga. App. 45 ( 213 SE2d 119 ) (1975), and was in turn reversed in State v. McNeill, 234 Ga. 696, 697 ( 217 SE2d 281 ) (1975), the Supreme Court holding: “There was a lengthy charge on entrapment followed by still another charge on the burden being on the state to prove guilt beyond a reasonable doubt.
cited Cited as authority (rule) Blair v. State
Ga. · 1980 · confidence medium
Cupp v. Naughten, 414 U. S. 141, 147 (94 SC 396, 38 LE2d 368) (1973); State v. McNeill, 234 Ga. 696, 697 ( 217 SE2d 281 ) (1976).
cited Cited as authority (rule) Moses v. State
Ga. · 1980 · confidence medium
Cupp v. Naughten, 414 U. S. 141, 147 (1973); State v. McNeill, 234 Ga. 696, 697 ( 217 SE2d 281 ) (1976).
cited Cited as authority (rule) Gibbons v. State
Ga. Ct. App. · 1975 · confidence medium
"The burden as to an affirmative defense is on the defendant,” State v. McNeill, 234 Ga. 696, 697 ( 217 SE2d 281 ), 1 and preponderance of the evidence is the correct quantum of proof.
discussed Cited "see" Powell v. State (2×)
Ga. · 1976 · signal: see · confidence high
See State v. McNeil, 234 Ga. 696 ( 217 SE2d 281 ) (1975).
examined Cited "see" Stovall v. State (4×)
Ga. · 1976 · signal: see · confidence high
See State v. McNeill, 234 Ga. 696 ( 217 SE2d 281 ) (1975).
discussed Cited "see" Gale v. State (2×)
Ga. Ct. App. · 1976 · signal: see · confidence high
See *266 State v. McNeill, 234 Ga. 696, 697 ( 217 SE2d 281 ), where, as to a like affirmative defense (entrapment) the Supreme Court held: "The jury was fully apprised of the state’s burden of proof in this case and it was not error to fail to specifically charge the jury that the state had the burden of proving that the defendant was not entrapped.” A proper instruction might be to the effect that if the jury believed the death was either justifiable homicide as defined or due to accident, or if it entertained a reasonable doubt of his guilt based on either of these defenses, it should ac…
discussed Cited "see" Fleming v. State (2×)
Ga. Ct. App. · 1976 · signal: see · confidence high
See State v. McNeill, 234 Ga. 696 ( 217 SE2d 281 ).
cited Cited "see" McNeill v. State
Ga. Ct. App. · 1975 · signal: see · confidence high
See State v. McNeill, 234 Ga. 696 .
examined Cited "see, e.g." State v. Shepperd (4×)
Ga. · 1984 · signal: see also · confidence medium
See also State v. McNeill, 234 Ga. 696, 697 ( 217 SE2d 281 ) (1975), wherein we held relative to the affirmative defense of entrapment as follows: “The jury was fully apprised of the state’s burden of proof in this case and it was not error to fail to specifically charge the jury that the state had the burden of proving that the defendant was not entrapped.
examined Cited "see, e.g." Harris v. State (4×)
Ga. · 1976 · signal: see also · confidence low
See also State v. McNeill, 234 Ga. 696 ( 217 SE2d 281 ) (1975).
discussed Cited "see, e.g." Lord v. State (2×)
Ga. · 1975 · signal: see also · confidence low
See also State v. McNeill, 234 Ga. 696 ( 217 SE2d 281 ) (1975). 2.
Retrieving the full opinion text from the archive…
The STATE
v.
McNEILL
29906.
Supreme Court of Georgia.
Jul 1, 1975.
217 S.E.2d 281
Richard E. Allen, District Attorney, Sam B. Sibley, Assistant District Attorney, for appellant., Nicholson, Fleming & Blanchard, John Fleming, B. H. Barton, for appellee.
Nichols, Gunter.
Cited by 50 opinions  |  Published
Nichols, Chief Justice.

Certiorari was granted to review the decision of the Court of Appeals in this case (McNeill v. State, 134 Ga. App. 45 (213 SE2d 119)). The defendant was tried and convicted on a three-count indictment charging violations of the Uniform Narcotic Drug Act, and the Court of Appeals reversed because the trial court failed to specifically charge, that the state had the burden of proving beyond a reasonable doubt that the defendant[*697] was not entrapped into violating the law.

Argued June 9, 1975 Decided July 1, 1975. Richard E. Allen, District Attorney, Sam B. Sibley, [*698] Assistant District Attorney, for appellant.

[*697] The Court of Appeals in its opinion states: "The trial judge gave a full and complete instruction to the jury on the question of entrapment. He followed this portion of the charge with a general charge on the basic principles of reasonable doubt and as to the burden of proof being upon the state in a criminal prosecution.”

In Brown v. Matthews, 79 Ga. 1 (4 SE 13), this court said: "A charge, torn to pieces and scattered in disjointed fragments, may seem objectionable, although when put together and considered as a whole, it may be perfectly sound. The full charge being in the record, what it lacks when divided is supplied when the parts are all united. United they stand, divided they fall.” This is still sound law.

The trial judge charged fully on the presumption of innocence and the burden of proof being on the state to prove guilt beyond a reasonable doubt in the light of "all the evidence.” This part of the charge covers over four pages of the transcript. There was a lengthy charge on entrapment followed by still another charge on the burden being on the state to prove guilt beyond a reasonable doubt. The jury was fully apprised of the state’s burden of proof in this case and it was not error to fail to specifically charge the jury that the state had the burden of proving that the defendant was not entrapped.

Entrapment is an affirmative defense. See Code Ann. §§ 26-905, 26-907. No attack has been made as to the constitutionality of these Code sections. The burden as to an affirmative defense is on the defendant. See Chandle v. State, 230 Ga. 574 (3) (198 SE2d 289). Accordingly, it was not error for the trial court to fail to specifically instruct the jury that the state had the burden of proving beyond a reasonable doubt that the defendant had not been entrapped as defined in Code Ann. § 26-905, supra.

Judgment reversed.

All the Justices concur, except Gunter, J., who dissents. [*698] Nicholson, Fleming & Blanchard, John Fleming, B. H. Barton, for appellee.