GA 16-4-5 - GA 16-4-5

JUDICIAL DECISIONS Burden of proof. - Renunciation of criminal purpose is an affirmative defense of which defendant bears burden of proof. Cowart v. State, 136 Ga. App. 528 , 221 S.E.2d 649 (1975), aff'd, 237 Ga. 282 , 227 S.E.2d 248 (1976), over-ruled on other grounds, 137 Ga. App. 735 , 224 S.E.2d 856 , 1976,. Burden of persuasion as to renunciation of criminal purpose. - Affirmative defenses authorized by former Code 1933, § 26-901 et seq. (see O.C.G.A. § 16-3-20 et seq.) and by former Code 1933, § 26-1003 (see O.C.G.A. § 16-4-5 ) imply that if 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...