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WALLACE v. HIGGS

S92A1099.

262 Ga. 437 (1992)

421 S.E.2d 69

WALLACE v. HIGGS.

Supreme Court of Georgia.

Decided October 2, 1992.

Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Massie H. McIntyre, Special Assistant Attorney General, C. A. Benjamin Woolf, Staff Attorney, for appellant.

Stubbs & Associates, M. Francis Stubbs, for appellee.

HUNT, Justice.

The warden appeals the habeas court's grant of Higgs' petition for the writ of habeas corpus. The habeas court, citing Powell v. State, 187 Ga.App. 878 (4) (372 S.E.2d 234) (1988), held the trial court's charge on intent was unconstitutionally burden-shifting because it required a mandatory inference of intent. See Sandstrom...

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