dissenting from Division 1. After having given the jury a most able instruction as to the State’s burden of proof, the trial court charged the following: “If on the other hand your minds should be reasonably certain and you should be reasonably satisfied from the evidence which has been produced before you in your sight and hearing, in this courtroom that the defendant be guilty, you would be authorized to find him guilty, then it would be your duty to find him guilty, should you so decide and determine.”
The burden of proof is on the State to establish the guilt of the accused beyond a reasonable doubt. Raysor v. State, 132 Ga. 237 (63 SE 786). The charge excepted to placed a different burden on the State from that provided by law, and the fact that a correct charge was given elsewhere in the jury’s instructions would not nullify the error. “An erroneous and injurious instruction is not cured by a correct statement of the law in another part of the charge to the jury, wherein the incorrect charge is not expressly withdrawn from their consideration and their attention directed thereto.” Citizens & Southern Nat. Bank v. Kontz, 185 Ga. 131 (2) (194 SE 536); Central of Ga. R. Co. v. Deas, 22 Ga. App. 425 (96 SE 267); Western & A. R. v. Mansfield, 98 Ga. App. 421, 424 (105 SE2d 804).
I am authorized to state that Chief Judge Felton and Judge Pannell concur in this dissent.