section 24-4-6 track the exact (Georgia) · Go Syfert
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section 24-4-6 track the exact in Georgia

5 Georgia opinions name it 1 courts 1986–2006 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 (3)

CaseFollowedCited
Booker v. Stategreen
gactapp · 1980 · cited in 2 Georgia opinions naming this issue, 1986–1993
2 sentences

1993See, e.g., Booker v. State, 156 Ga. App. 40, 42 (4) ( 274 SE2d 84 ) (1980), rev’d on other grounds 247 Ga. 74 ( 274 SE2d 334 ) (1981).

1993See, e.g., Booker v. State, 156 Ga. App. 40, 42 (4) ( 274 SE2d 84 ) (1980), rev’d on other grounds 247 Ga. 74 ( 274 SE2d 334 ) (1981).

22
Booker v. Stategreen
ga · 1981 · cited in 2 Georgia opinions naming this issue, 1986–1993
2 sentences

1993See, e.g., Booker v. State, 156 Ga. App. 40, 42 (4) ( 274 SE2d 84 ) (1980), rev’d on other grounds 247 Ga. 74 ( 274 SE2d 334 ) (1981).

1993See, e.g., Booker v. State, 156 Ga. App. 40, 42 (4) ( 274 SE2d 84 ) (1980), rev’d on other grounds 247 Ga. 74 ( 274 SE2d 334 ) (1981).

22
Lowe v. Stategreen
ga · 1996 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999Lowe v. State, 267 Ga. 180, 181 (3) ( 476 SE2d 583 ), applying Price v. State, 180 Ga. App. 215 (2) ( 348 SE2d 740 ).

1999Lowe v. State, 267 Ga. 180, 181 (3) ( 476 SE2d 583 ), applying Price v. State, 180 Ga. App. 215 (2) ( 348 SE2d 740 ).

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 (4)

CaseCitedYears
Mims v. State green
ga · 1994
2 sentences

2006This request tracks the language of OCGA § 24-4-6, and in Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994), the Supreme Court clarified that it has created a bright-line rule with regard to a trial court’s duty to give this charge when the defendant requests it and the case includes both direct and circumstantial evidence.

2006This request tracks the language of OCGA § 24-4-6, and in Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994), the Supreme Court clarified that it has created a bright-line rule with regard to a trial court’s duty to give this charge when the defendant requests it and the case includes both direct and circumstantial evidence.

21998–2006
Price v. State green
gactapp · 1986
2 sentences

1993The same question had arisen in Price v. State, 180 Ga. App. 215 (2) ( 348 SE2d 740 ) (1986), but the following charge was held sufficient, considering the jury instructions as a whole, and even more beneficial than a charge in the exact language of OCGA § 24-4-6: “[W]hen the facts in evidence and all reasonable deductions therefrom present two theories, one of guilt and the other consistent with innocence, justice and humanity of the law compel the acceptance of the theory that is consistent with innocence.” This two-theories charge has been criticized as going too far in defendant’s favor, b

1993The same question had arisen in Price v. State, 180 Ga. App. 215 (2) ( 348 SE2d 740 ) (1986), but the following charge was held sufficient, considering the jury instructions as a whole, and even more beneficial than a charge in the exact language of OCGA § 24-4-6: “[W]hen the facts in evidence and all reasonable deductions therefrom present two theories, one of guilt and the other consistent with innocence, justice and humanity of the law compel the acceptance of the theory that is consistent with innocence.” This two-theories charge has been criticized as going too far in defendant’s favor, b

21993–1999
Robinson v. State green
ga · 1991
2 sentences

1998“Robinson v. State, 261 Ga. 698 ( 410 SE2d 116 ) (1991) and Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994) established the bright-line rule that it is error to fail to give a request to charge on the law of circumstantial evidence as set forth in OCGA § 24-4-6 when the State’s case includes both direct and circumstan *22 tial evidence.” (Emphasis omitted.) Yarn v. State, 265 Ga. 787 (1) ( 462 SE2d 359 ) (1995).

1998“Robinson v. State, 261 Ga. 698 ( 410 SE2d 116 ) (1991) and Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994) established the bright-line rule that it is error to fail to give a request to charge on the law of circumstantial evidence as set forth in OCGA § 24-4-6 when the State’s case includes both direct and circumstan *22 tial evidence.” (Emphasis omitted.) Yarn v. State, 265 Ga. 787 (1) ( 462 SE2d 359 ) (1995).

11998–1998
Yarn v. State green
ga · 1995
2 sentences

1998“Robinson v. State, 261 Ga. 698 ( 410 SE2d 116 ) (1991) and Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994) established the bright-line rule that it is error to fail to give a request to charge on the law of circumstantial evidence as set forth in OCGA § 24-4-6 when the State’s case includes both direct and circumstan *22 tial evidence.” (Emphasis omitted.) Yarn v. State, 265 Ga. 787 (1) ( 462 SE2d 359 ) (1995).

1998“Robinson v. State, 261 Ga. 698 ( 410 SE2d 116 ) (1991) and Mims v. State, 264 Ga. 271 ( 443 SE2d 845 ) (1994) established the bright-line rule that it is error to fail to give a request to charge on the law of circumstantial evidence as set forth in OCGA § 24-4-6 when the State’s case includes both direct and circumstan *22 tial evidence.” (Emphasis omitted.) Yarn v. State, 265 Ga. 787 (1) ( 462 SE2d 359 ) (1995).

11998–1998

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