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Holmes v. State
233 S.E.2d 63
Ga. Ct. App.
1977
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Bell, Chief Judge.

The defendant was convicted of selling heroin. His-defense was that of alibi. Held:

1. Defendant attacks the charge on alibi as being burden shifting. The trial court charged’ on alibi in substantially the same language as a charge that was approved by the Supreme Court in Mills v. State, 236 Ga. 364 (223 SE2d 724).

2. The evidence authorized the conviction.

Judgment affirmed.

McMurray and Smith, JJ., *182 concur. Submitted January 19, 1977 Decided February 2, 1977. Percy Blount, for appellant. Richard E. Allen, District Attorney, Gayle B. Hamrick, Assistant District Attorney, for appellee.

Case Details

Case Name: Holmes v. State
Court Name: Court of Appeals of Georgia
Date Published: Feb 2, 1977
Citation: 233 S.E.2d 63
Docket Number: 53347
Court Abbreviation: Ga. Ct. App.
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