State v. Shepperd ( 1984 )


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  • Gregory, Justice.

    Timothy Lee Shepperd was indicted for murder and convicted of the lesser offense of involuntary manslaughter. The Court of Appeals reversed his conviction holding the trial court erred in failing to give Shepperd’s requested charge that where evidence of self-defense is presented the State has the burden of proving beyond a reasonable doubt that the defendant did not act in self-defense. State v. Royal, 247 Ga. 309 (275 SE2d 646) (1981); Jones v. State, 160 Ga. App. 209(2) (286 SE2d 764) (1981); Jolly v. State, 164 Ga. App. 240(2) (296 SE2d 784) (1982). For the reasons given in the Court of Appeals’ opinion, we agree.

    Judgment affirmed.

    All the Justices concur, except Marshall, P. J., and Weltner, J., who dissent.

Document Info

Docket Number: 40984

Judges: Gregory, Marshall, Weltner

Filed Date: 9/13/1984

Precedential Status: Precedential

Modified Date: 10/19/2024