Jury instruction quoting section held unconstitutional.

- Because a jury instruction which quoted O.C.G.A. § 16-2-4 in its entirety could have been understood by a reasonable juror as creating a mandatory presumption that shifted to the defendant the burden of persuasion on the element of intent, and because the charge as a whole did not explain or cure the error, the jury charge violated the Due Process Clause requirement that the state prove every element of a criminal offense beyond a reasonable doubt. Francis v. Franklin, 471 U.S. 307, 105 S. Ct. 1965, 85 L. Ed. 2d 344 (1985).

It is not necessary that charge to jury be in exact language of Code. Parks v. State, 234 Ga. 579, 216 S.E.2d 804 (1975).

Cited in Spencer v. State, 231 Ga. 705, 203 S.E.2d 856 (1974); Bentley v. State, 131 Ga. App. 425, 205 S.E.2d 904 (1974); Nunnally v. State, 235 Ga. 693, 221 S.E.2d 547 (1975); Bradley v. State, 137 Ga. App. 670, 224 S.E.2d 778 (1976); Gatlin v. State, 236 Ga. 707, 225 S.E.2d 224 (1976); Scott v. State, 239 Ga. 46, 235 S.E.2d 522 (1977); Lunsford v. State, 145 Ga. App. 446, 243 S.E.2d 655 (1978); Harris v. State, 145 Ga. App. 675, 244 S.E.2d 620 (1978); Tucker v. State, 245 Ga. 68, 263 S.E.2d 109 (1980); Moses v. State, 245 Ga. 180, 263 S.E.2d 916 (1980); Thrift-Mart, Inc. v. Commercial Union Assurance Cos., 154 Ga. App. 344, 268 S.E.2d 397 (1980); Jackson v. State, 157 Ga. App. 580, 278 S.E.2d 152 (1981); Slaughter v. State, 162 Ga. App. 136, 290 S.E.2d 338 (1982); Whitsell v. State, 179 Ga. App. 358, 346 S.E.2d 130 (1986).

ALR.

- Flight as evidence of guilt, 25 A.L.R. 886.

Homicide: burden of proof on defense that killing was accidental, 63 A.L.R.3d 936.

Coercion, compulsion, or duress as defense to charge of robbery, larceny, or related crime, 1 A.L.R.4th 481.

Challenges to pre- and post-conviction forfeitures and to post-conviction restitution under animal cruelty statutes, 70 A.L.R.6th 329.