instructions presumption (Georgia) · Go Syfert
← Georgia issues

instructions presumption in Georgia

13 Georgia opinions name it 2 courts 1925–2026 1 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
Haygood v. the Stategreen
gactapp · 2016 · cited in 1 Georgia opinions naming this issue, 2026–2026
2 sentences

2026“Where, as here, a party has timely objected to a trial court’s decision as to a jury instruction, we review that decision de novo.” Haygood v. State, 338 Ga. App. 189, 193 (2) ( 789 SE2d 404 ) (2016).

2026“Where, as here, a party has timely objected to a trial court’s decision as to a jury instruction, we review that decision de novo.” Haygood v. State, 338 Ga. App. 189, 193 (2) ( 789 SE2d 404 ) (2016).

11
Van v. Stategreen
ga · 2014 · cited in 1 Georgia opinions naming this issue, 2014–2014
2 sentences

2014See Van v. State, 294 Ga. 464, 465-466 ( 754 SE2d 355 ) (20s14) (holding that, considering the trial court’s charge and recharge as a whole, particularly the instructions on the presumption of innocence, the burden of proof, and the duty to acquit if reasonable doubt existed, the trial court did not err in charging the jury on the form of its verdict in the event of a finding of guilty but failing to give a similar charge in the event of a finding of not guilty).

2014See Van v. State, 294 Ga. 464, 465-466 ( 754 SE2d 355 ) (20s14) (holding that, considering the trial court’s charge and recharge as a whole, particularly the instructions on the presumption of innocence, the burden of proof, and the duty to acquit if reasonable doubt existed, the trial court did not err in charging the jury on the form of its verdict in the event of a finding of guilty but failing to give a similar charge in the event of a finding of not guilty).

11
Griffith v. Stategreen
ga · 1994 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See Griffith, supra, 264 Ga. at 327 (2) (applying highly probable test); Williams v. State, 277 Ga. 853, 856 (3) ( 596 SE2d 597 ) (2004) (same).

2011See Griffith, supra, 264 Ga. at 327 (2) (applying highly probable test); Williams v. State, 277 Ga. 853, 856 (3) ( 596 SE2d 597 ) (2004) (same).

11
Williams v. Stategreen
ga · 2004 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See Griffith, supra, 264 Ga. at 327 (2) (applying highly probable test); Williams v. State, 277 Ga. 853, 856 (3) ( 596 SE2d 597 ) (2004) (same).

2011See Griffith, supra, 264 Ga. at 327 (2) (applying highly probable test); Williams v. State, 277 Ga. 853, 856 (3) ( 596 SE2d 597 ) (2004) (same).

11
Anglin v. Stategreen
gactapp · 1985 · cited in 1 Georgia opinions naming this issue, 1991–1991
2 sentences

1991While such a reservation is sufficient to attack charges given or refused, it is not adequate to maintain an objection under OCGA § 17-8-57. “ ‘ “The question of whether [OCGA § 17-8-57] has been violated is not reached unless an objection or motion for mistrial is made.” Therefore, this enumeration of error is without merit.’ Driggers v. State, 244 Ga. 160, 162 (2) ( 259 SE2d 133 ) (1979).” Anglin v. State, 173 Ga. App. 648, 652 (5) ( 327 SE2d 776 ) (1985).

1991While such a reservation is sufficient to attack charges given or refused, it is not adequate to maintain an objection under OCGA § 17-8-57. “ ‘ “The question of whether [OCGA § 17-8-57] has been violated is not reached unless an objection or motion for mistrial is made.” Therefore, this enumeration of error is without merit.’ Driggers v. State, 244 Ga. 160, 162 (2) ( 259 SE2d 133 ) (1979).” Anglin v. State, 173 Ga. App. 648, 652 (5) ( 327 SE2d 776 ) (1985).

11
Driggers v. Stategreen
ga · 1979 · cited in 1 Georgia opinions naming this issue, 1991–1991
2 sentences

1991While such a reservation is sufficient to attack charges given or refused, it is not adequate to maintain an objection under OCGA § 17-8-57. “ ‘ “The question of whether [OCGA § 17-8-57] has been violated is not reached unless an objection or motion for mistrial is made.” Therefore, this enumeration of error is without merit.’ Driggers v. State, 244 Ga. 160, 162 (2) ( 259 SE2d 133 ) (1979).” Anglin v. State, 173 Ga. App. 648, 652 (5) ( 327 SE2d 776 ) (1985).

1991While such a reservation is sufficient to attack charges given or refused, it is not adequate to maintain an objection under OCGA § 17-8-57. “ ‘ “The question of whether [OCGA § 17-8-57] has been violated is not reached unless an objection or motion for mistrial is made.” Therefore, this enumeration of error is without merit.’ Driggers v. State, 244 Ga. 160, 162 (2) ( 259 SE2d 133 ) (1979).” Anglin v. State, 173 Ga. App. 648, 652 (5) ( 327 SE2d 776 ) (1985).

11
Chapman v. Californiayellow
scotus · 1967 · cited in 1 Georgia opinions naming this issue, 1983–1983
1 sentence

1983Hosch v. State, supra. Connecticut v. Johnson, 51 USLW 4175 (1983), is inapplicable here, as the issue there was whether a charge which admittedly violated Sandstrom might be considered harmless under the facts of the case pursuant to Chapman v. California, 386 U. S. 18, 24 (87 SC 824, 17 LE2d 705) (1967).

11
Jacobs Pharmacy Company, Inc. v. Gipsongreen
gactapp · 1967 · cited in 1 Georgia opinions naming this issue, 1972–1972
2 sentences

1972See Jacobs Pharmacy Co. v. Gipson, 116 Ga. App. 760, 762 ( 159 SE2d 171 ); Firestone Tire &c.

1972See Jacobs Pharmacy Co. v. Gipson, 116 Ga. App. 760, 762 ( 159 SE2d 171 ); Firestone Tire &c.

11
CUTLER-HAMMER INC. v. Bellgreen
gactapp · 1951 · cited in 1 Georgia opinions naming this issue, 1969–1969
2 sentences

1969In his final enumeration the defendant complains of the instructions on waiver apparently taken verbatim from the second division of Cutler-Hammer, Inc. v. Bell, 84 Ga. App. 316, 318 ( 66 SE2d 345 ) as follows: “The purchaser cannot successfully defend a suit by showing that the goods were not delivered within the time contracted for if he (the purchaser) accepted the delayed shipment without any protest, and made payments thereon.

1969In his final enumeration the defendant complains of the instructions on waiver apparently taken verbatim from the second division of Cutler-Hammer, Inc. v. Bell, 84 Ga. App. 316, 318 ( 66 SE2d 345 ) as follows: “The purchaser cannot successfully defend a suit by showing that the goods were not delivered within the time contracted for if he (the purchaser) accepted the delayed shipment without any protest, and made payments thereon.

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 (9)

CaseCitedYears
Price v. State green
gactapp · 1986
2 sentences

1991Although it would not have been error for the trial court to give an instruction even more favorable to the defendant, to the effect that when circumstantial evidence supports both a theory of guilt and a theory of innocence the law compels the acceptance of the theory of innocence, see Price v. State, 180 Ga. App. 215 (2) ( 348 SE2d 740 ) (1986), it cannot be said the trial counsel’s failure to request such an instruction shows defendant was denied effective assistance of counsel.

1991Although it would not have been error for the trial court to give an instruction even more favorable to the defendant, to the effect that when circumstantial evidence supports both a theory of guilt and a theory of innocence the law compels the acceptance of the theory of innocence, see Price v. State, 180 Ga. App. 215 (2) ( 348 SE2d 740 ) (1986), it cannot be said the trial counsel’s failure to request such an instruction shows defendant was denied effective assistance of counsel.

11991–1991
Kelly v. State green
ga · 1978
2 sentences

1988Kelly v. State, 241 Ga. 190 ( 243 SE2d 857 ) (1978). 5.

1988Kelly v. State, 241 Ga. 190 ( 243 SE2d 857 ) (1978). 5.

11988–1988
Wilson v. Jones green
ga · 1983
1 sentence

1984Hosch v. State, supra.” Wilson, supra, 251 Ga. at 24 .

11984–1984
Connecticut v. Johnson green
scotus · 1983
1 sentence

1983Hosch v. State, supra. Connecticut v. Johnson, 51 USLW 4175 (1983), is inapplicable here, as the issue there was whether a charge which admittedly violated Sandstrom might be considered harmless under the facts of the case pursuant to Chapman v. California, 386 U. S. 18, 24 (87 SC 824, 17 LE2d 705) (1967).

11983–1983
Witt v. State green
gactapp · 1971
2 sentences

1979Moreover, since "[t]he trial judge by his instructions eliminated malice to convict for manslaughter and [since the defendant was acquitted of the murder charge and convicted of the lesser offense of voluntary manslaughter], the defendant has no cause for complaint regarding the instructions on presumption of malice in order to convict for murder.” Witt v. State, 124 Ga. App. 535 (2) ( 184 SE2d 517 ). 7.

1979Moreover, since "[t]he trial judge by his instructions eliminated malice to convict for manslaughter and [since the defendant was acquitted of the murder charge and convicted of the lesser offense of voluntary manslaughter], the defendant has no cause for complaint regarding the instructions on presumption of malice in order to convict for murder.” Witt v. State, 124 Ga. App. 535 (2) ( 184 SE2d 517 ). 7.

11979–1979
Hudson v. State neutral
gactapp · 1933
2 sentences

1972Hudson v. State, 46 Ga. App. 668 ( 168 SE 912 ). 3.

1972Hudson v. State, 46 Ga. App. 668 ( 168 SE 912 ). 3.

11972–1972
Gore v. State green
ga · 1923
2 sentences

1971The instructions as here given, that "the jury may consider words, threats, menaces or contemptuous gestures, if there be any, in passing upon that question as to whether or not the defendant acted in good faith and under the fears of a reasonable man that his life was in danger or that a felony was about to be committed” are substantially identical to the instructions *536 which the Supreme Court held to be free from harmful error in Gore v. State, 155 Ga. 642 (6) ( 118 SE 40 ).

1971The instructions as here given, that "the jury may consider words, threats, menaces or contemptuous gestures, if there be any, in passing upon that question as to whether or not the defendant acted in good faith and under the fears of a reasonable man that his life was in danger or that a felony was about to be committed” are substantially identical to the instructions *536 which the Supreme Court held to be free from harmful error in Gore v. State, 155 Ga. 642 (6) ( 118 SE 40 ).

11971–1971
Georgia Railway & Electric Co. v. Reeves green
ga · 1905
2 sentences

1925Georgia Ry. & Electric Co. v. Reeves, 123 Ga. 697 (8) ( 51 S. E. 610 ); Davis v. Whilcomb, 30 Ga. App. 497 (10) ( 118 S. E. 488 ). 9.

1925Georgia Ry. & Electric Co. v. Reeves, 123 Ga. 697 (8) ( 51 S. E. 610 ); Davis v. Whilcomb, 30 Ga. App. 497 (10) ( 118 S. E. 488 ). 9.

11925–1925
Davis v. Whitcomb green
gactapp · 1923
2 sentences

1925Georgia Ry. & Electric Co. v. Reeves, 123 Ga. 697 (8) ( 51 S. E. 610 ); Davis v. Whilcomb, 30 Ga. App. 497 (10) ( 118 S. E. 488 ). 9.

1925Georgia Ry. & Electric Co. v. Reeves, 123 Ga. 697 (8) ( 51 S. E. 610 ); Davis v. Whilcomb, 30 Ga. App. 497 (10) ( 118 S. E. 488 ). 9.

11925–1925

Where else courts name it

CA 41 (1903–2026) IL 23 (1907–2024) MA 22 (1942–2021) WA 15 (1937–2026) MO 13 (1901–2023) GA 13 (1925–2026) MI 12 (1969–2026) TX 10 (1976–2024) IA 9 (1856–2014) KY 9 (1940–2024) NY 9 (1972–2016) KS 9 (1915–2024) CO 7 (1972–2012) NV 7 (1968–2017) TN 7 (1970–2018) MD 7 (1967–2020) OH 6 (1990–2026) IN 6 (1891–2019) FL 6 (1981–2013) NC 6 (1951–2025) CT 5 (1983–2012) OK 5 (1924–1997) MN 5 (1916–2026) MS 5 (1884–1982) NM 5 (1932–2023) MT 4 (1930–2017) PA 4 (1971–2021) AL 4 (1992–2014) AZ 4 (1994–2016) ND 3 (1955–1983) NE 3 (1940–1991) WI 3 (1991–2021) OR 3 (1940–2022) NJ 3 (2006–2022) VT 2 (2002–2016) VA 2 (1936–2023) ID 2 (1907–1921)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check