section 24-4-6 circumstantial evidence rule (Georgia) · Go Syfert
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section 24-4-6 circumstantial evidence rule in Georgia

12 Georgia opinions name it 2 courts 1991–2014 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Stubbs v. Stategreen
ga · 1995 · cited in 3 Georgia opinions naming this issue, 1997–2012
2 sentences

2012See Stubbs v. State, 265 Ga. 883, 884-885 (2) ( 463 SE2d 686 ) (1995).

2012See Stubbs v. State, 265 Ga. 883, 884-885 (2) ( 463 SE2d 686 ) (1995).

23
Lane v. Stategreen
gactapp · 2002 · cited in 2 Georgia opinions naming this issue, 2004–2005
2 sentences

2005See Lane v. State, 255 Ga. App. 274, 276 ( 564 SE2d 857 ) (2002).

2005See Lane v. State, 255 Ga. App. 274, 276 ( 564 SE2d 857 ) (2002).

22
Russell v. Stategreen
gactapp · 2012 · cited in 1 Georgia opinions naming this issue, 2014–2014
2 sentences

2014See Russell v. State, 319 Ga. App. 472, 477 (3) (b) ( 735 SE2d 797 ) (2012) (finding that given that the state adduced direct and circumstantial evidence, “the trial court was not required to charge the jury on circumstantial evidence pursuant to OCGA § 24-4-6, absent a request”). 16

2014See Russell v. State, 319 Ga. App. 472, 477 (3) (b) ( 735 SE2d 797 ) (2012) (finding that given that the state adduced direct and circumstantial evidence, “the trial court was not required to charge the jury on circumstantial evidence pursuant to OCGA § 24-4-6, absent a request”). 16

11
Wallace v. Stategreen
ga · 2005 · cited in 1 Georgia opinions naming this issue, 2013–2013
2 sentences

2013See Wallace v. State, 279 Ga. 26 (1) ( 608 SE2d 634 ) (2005) (defendant’s reliance on circumstantial evidence rule of OCGA § 24-4-6 was misplaced because his own statement was direct evidence of his guilt).

2013See Wallace v. State, 279 Ga. 26 (1) ( 608 SE2d 634 ) (2005) (defendant’s reliance on circumstantial evidence rule of OCGA § 24-4-6 was misplaced because his own statement was direct evidence of his guilt).

11
Gresham v. Stategreen
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2002–2002
2 sentences

2002See Gresham v. State, 246 Ga. App. 705, 707 (2) ( 541 SE2d 679 ) (2000).

2002See Gresham v. State, 246 Ga. App. 705, 707 (2) ( 541 SE2d 679 ) (2000).

11
Cunningham v. Stategreen
gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2002–2002
2 sentences

2002Lane’s attempt to show his innocence by relying on the circumstantial evidence rule of OCGA § 24-4-6 necessarily presumes that the evidence was entirely circumstantial (see Cunningham v. State, 240 Ga. App. 92, 99 (4) (b) ( 522 SE2d 684 ) (1999)), a presumption that fails in light of the direct evidence of the victim identifying him at the scene.

2002Lane’s attempt to show his innocence by relying on the circumstantial evidence rule of OCGA § 24-4-6 necessarily presumes that the evidence was entirely circumstantial (see Cunningham v. State, 240 Ga. App. 92, 99 (4) (b) ( 522 SE2d 684 ) (1999)), a presumption that fails in light of the direct evidence of the victim identifying him at the scene.

11
Martin v. Stategreen
gactapp · 1998 · cited in 1 Georgia opinions naming this issue, 2001–2001
2 sentences

2001See Martin v. State, 235 Ga. App. 844 -845 (2) ( 510 SE2d 602 ) (1998) (addition of word “alone” to phrase “to warrant conviction on circumstantial evidence” not error as functional equivalent of OCGA § 24-4-6 circumstantial evidence rule).

2001See Martin v. State, 235 Ga. App. 844 -845 (2) ( 510 SE2d 602 ) (1998) (addition of word “alone” to phrase “to warrant conviction on circumstantial evidence” not error as functional equivalent of OCGA § 24-4-6 circumstantial evidence rule).

11
Grier v. Stategreen
gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997Stubbs v. State, 265 Ga. 883 ( 463 SE2d 686 ) (1995); Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994); Grier v. State, 217 Ga. App. 409, 410 ( 458 SE2d 139 ) (1995).

1997Stubbs v. State, 265 Ga. 883 ( 463 SE2d 686 ) (1995); Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994); Grier v. State, 217 Ga. App. 409, 410 ( 458 SE2d 139 ) (1995).

11
Terrell v. Stategreen
ga · 1988 · cited in 1 Georgia opinions naming this issue, 1991–1991
2 sentences

1991See, e.g., Terrell v. State, 258 Ga. 722 (3) ( 373 SE2d 751 ) (1988).

1991See, e.g., Terrell v. State, 258 Ga. 722 (3) ( 373 SE2d 751 ) (1988).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Mims v. State green
ga · 1994
2 sentences

2012Davis v. State, 285 Ga. 176 (2) ( 674 SE2d 879 ) (2009); Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994).

2012Davis v. State, 285 Ga. 176 (2) ( 674 SE2d 879 ) (2009); Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994).

31995–2012
Davis v. State green
ga · 2009
2 sentences

2012Davis v. State, 285 Ga. 176 (2) ( 674 SE2d 879 ) (2009); Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994).

2012Davis v. State, 285 Ga. 176 (2) ( 674 SE2d 879 ) (2009); Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994).

12012–2012
Robinson v. State green
ga · 1991
2 sentences

1995That Code section provides: “[t]o warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.” The rule established in Robinson v. State, 261 Ga. 698 ( 410 SE2d 116 ) (1991), and confirmed in Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994), provides that “where the state’s case depends, in whole or in part, on circumstantial evidence, a charge on the law of circumstantial evidence must be given on request.

1995That Code section provides: “[t]o warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.” The rule established in Robinson v. State, 261 Ga. 698 ( 410 SE2d 116 ) (1991), and confirmed in Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994), provides that “where the state’s case depends, in whole or in part, on circumstantial evidence, a charge on the law of circumstantial evidence must be given on request.

11995–1995

Statutes the citing opinions construe

GA § 16-8-41 (4) GA § 17-8-58 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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