Shields v. State

Shields v. the State

Shields v. State, 191 S.E.2d 448 (Ga. Ct. App. 1972)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: June 21, 1972
Docket: No. 47200
Judges: Quillian, Hall, Pannell
Citations: 191 S.E.2d 448126 Ga. App. 5441972 Ga. App. LEXIS 1205

Cited by 5

Opinion — Quillian

Quillian, Judge.

The appellant was convicted of manslaughter and a misdemeanor. An appeal was filed and the case is here for review.

Held:

1. Where a preliminary hearing is held the defendant must be afforded counsel because it is a critical stage of the criminal court process. Coleman v. Alabama, 399 U. S. 1 (90 SC 1999, 26 LE2d 387). However, the defendant is not deprived of any constitutional right if the grand jury issues an indictment against him prior to the holding of a preliminary hearing.

Johnson v. Plunkett, 215 Ga. 353 (3) ( 110 SE2d 745 );

Johnson v. State, 215 Ga. 839 (5) ( 114 SE2d 35 );

Cannon v. Grimes, 223 Ga. 35 (2, 3) ( 153 SE2d 445 );

Henderson v. State, 225 Ga. 273 (2) ( 168 SE2d 160 ). Therefore, it was not error to deny the defendant’s motion for a preliminary hearing which was made subsequent to his indictment.

2. The appellant contends that the trial judge erred in instructing the jury: "Now, the law presumes every act which is in itself unlawful was criminally intended until the contrary is made to appear.” Under that which was held in Williams v. State, 126 Ga. App. 454 , the appellant’s contention is correct because the charge is contrary to that which is stated in the Criminal Code of Georgia, §26-605 (Code Ann.

§26-605; Ga. L. 1968, pp. 1249. 1269).

*545 Submitted May 4, 1972— Decided June 21, 1972.

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, James H. Mobley, Jr., Joel M. Feldman, Richard E. Hicks, for appellee.

3. The remaining enumerations of error are without merit.

Judgment reversed.

Hall, P. J., and Pannell, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →

State Appellate Courts5

Relies on it most ⓘ

Douglas v. State209 S.E.2d 694 (Ga. Ct. App. 1974)
FIRST NATIONAL BANK & TRUST COMPANY IN MACON v. State224 S.E.2d 866 (Ga. Ct. App. 1976)
West v. State199 S.E.2d 354 (Ga. Ct. App. 1973)
Shields v. State248 S.E.2d 171 (Ga. Ct. App. 1978)
Johnson v. State191 S.E.2d 614 (Ga. Ct. App. 1972)

Most recent

Shields v. State248 S.E.2d 171 (Ga. Ct. App. 1978)
FIRST NATIONAL BANK & TRUST COMPANY IN MACON v. State224 S.E.2d 866 (Ga. Ct. App. 1976)
Douglas v. State209 S.E.2d 694 (Ga. Ct. App. 1974)
West v. State199 S.E.2d 354 (Ga. Ct. App. 1973)
Johnson v. State191 S.E.2d 614 (Ga. Ct. App. 1972)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

Depth	Case	Cited by
	Johnson v. Plunkett, 110 S.E.2d 745 (Ga. 1959)	21
	Cannon v. Grimes, 153 S.E.2d 445 (Ga. 1967)	16
	Johnson v. State, 114 S.E.2d 35 (Ga. 1960)	16
	Henderson v. State, 168 S.E.2d 160 (Ga. 1969)	5
	Coleman v. Alabama, 399 U.S. 1 (1970)	1,413
	Williams v. State, 191 S.E.2d 100 (Ga. Ct. App. 1972)	6

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