Ayers v. State (1958)

The evaluation of a Batson challenge involves a three-step process: (1) the opponent of a peremptory challenge must make a prima facie showing of racial discrimination; (2) the proponent of the strike must then provide a race-neutral explanation for the strike; and (3) the court must decide whether the opponent of the strike has proven discriminatory intent. [Cit.] Thomas v. State, 214 Ga. 156, 161 (5) ( 549 SE2d 359 ) (2001).

OCGA § 24-7-20. 7 Hall v. Hall, 261 Ga. 188 ( 402 SE2d 726 ) (1991); Lewis v. State, 243 Ga. 443, 444 ( 254 SE2d 830 ) (1979). 8 See Ramsey v. State, 145 Ga. App. 60, 62 ( 243 SE2d 555 ) (1978) (what constitutes moral turpitude is “at best amorphous”); McIntosh v. State, 443 S2d 1283, 1284 (Ala. 1983) (analyzing same definition of moral turpitude as used in Georgia); State v. Malusky, 230 NW 735, 737 (N.D. 1930) (same). 9 Hall, supra. 10 Id. 11 Ramsey, supra (citations omitt…

In charging the jury, the trial court stated: "Now when circumstantial evidence is relied upon to establish a fact, the evidence must be such as to reasonably establish the theory relied upon and to preponderate to that theory rather than any other reasonable hypothesis.” (Emphasis supplied.) While the trial court went on to charge that the jury would not be authorized to convict on circumstantial evidence alone unless the proven facts excluded every other reasonable hypothe…

See Smith v. State, 203 Ga. 317, 324 ( 46 SE2d 583 ); Ayers v. State, 214 Ga. 156, 160 ( 103 SE2d 574 ), and citations.

Vann v. State, 83 Ga. 44 (8) ( 9 SE 945 ); Charlton v. State, 157 Ga. 373 (2) ( 121 SE 334 ); Ayers v. State, 214 Ga. 156, 158 ( 103 SE2d 574 ). 2.

Ayers v. State, 214 Ga. 156, 160 ( 103 SE2d 574 ).

As held by this court when this case was previously before us (Ayers v. State, 214 Ga. 156, 159 (2), supra), this objection is without merit. 4.