2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 3 - Defenses to Criminal Prosecutions
Article 2 - Justification and Excuse


Law reviews.

- For note, "Heating Up and Cooling Down: Modifying the Provocation Defense by Expanding Cooling Time," see 54 Ga. L. Rev. 761 (2020).

JUDICIAL DECISIONS

Defendant does not bear burden of persuasion as to affirmative defenses.

- Affirmative defenses authorized by the former Criminal Code and former Code 1933, § 26-1003 (see now O.C.G.A. § 16-4-5) imply that if a defendant presents one it is to defendant's advantage and to defendant's interest to affirmatively show it as best defendant can, but defendant has no burden to show it nor does defendant have burden of persuasion. Moore v. State, 137 Ga. App. 735, 224 S.E.2d 856, rev'd on other grounds, 237 Ga. 269, 227 S.E.2d 241 (1976).

Cited in Grainger v. State, 138 Ga. App. 753, 227 S.E.2d 483 (1976); Perkins v. State, 151 Ga. App. 199, 259 S.E.2d 193 (1979); Powell v. State, 154 Ga. App. 568, 269 S.E.2d 70 (1980); Patterson v. Fuller, 654 F. Supp. 418 (N.D. Ga. 1987); Hightower v. State, 224 Ga. App. 703, 481 S.E.2d 867 (1997), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019); Budhani v. State, 306 Ga. 315, 830 S.E.2d 195 (2019).

RESEARCH REFERENCES

ALR.

- Homicide or assault in attempting to prevent elopement, 8 A.L.R. 660.

Fact that gun was unloaded as affecting criminal responsibility, 68 A.L.R.4th 507.

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