534 S.E.2d 173
A00A1109.Court of Appeals of Georgia.
DECIDED: APRIL 27, 2000.
ELDRIDGE, Judge.
A Tattnall County jury found Georgia State inmate Larry Sanders guilty of aggravated assault arising from an incident in which Sander’s stabbed another inmate with a “shank.” In his sole enumeration of error, Sanders contends that the verdict form used by the trial court improperly gave the jury the choice of “guilty” before “not guilty” and, therefore, did not conform with Sanders’ presumption of innocence. However, a jury’s task is to decide whether the State has proved beyond a reasonable doubt that the defendant is “guilty.” The negative “not guilty” flows from the State’s failure to prove guilt beyond a reasonable doubt. And, thus, the order of the form: “guilty,” or in the absence of sufficient proof of guilt, “not guilty.”
Judgment affirmed. Blackburn, P.J., and Barnes, J., concur.
DECIDED APRIL 27, 2000.
Aggravated assault. Tattnall Superior Court. Before Judge Russell.
M. Francis Stubbs, for appellant
J. Thomas Durden, Jr., District Attorney, Joe G. Skeens, Assistant District Attorney, for appellee.