Hairston v. State
142 Ga. App. 235 | Ga. Ct. App. | 1977
The defendant was convicted of burglary and aggravated assault on a police officer. Held:
1. The court charged the jury: "The defendant’s plea of not guilty is no evidence of his innocence.” On appeal defendant states that this charge "caused a shifting of the burden of the proof upon appellant . . .” and thereby violated due process. The charge is a correct statement of law and cannot be construed as being an impermissible burden shifting charge.
2. The evidence authorized the convictions of the offenses charged in the indictment.
Judgment affirmed.