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Bennett v. State

Court of Appeals of Georgia
Jun 23, 1978
246 S.E.2d 425 (Ga. Ct. App. 1978)

Opinion

55648.

SUBMITTED APRIL 3, 1978.

DECIDED JUNE 23, 1978.

Aggravated assault. Richmond Superior Court. Before Judge Fulcher.

Surrett, Thompson, Bell, Choate Walker, John C. Bell, Jr., for appellant.

Richard E. Allen, District Attorney, Stephen E. Curry, Assistant District Attorney, for appellee.


The appellant was convicted of aggravated assault for shooting his sister-in-law. His sole defense was his alleged insanity at the time of the shooting.

1. The appellant made out a strong case for his lack of capacity to distinguish right from wrong at the time of the shooting. See Code Ann. § 26-702. In contrast, the state produced very little evidence bearing on the issue. However, the state did produce testimony that at the time of his arrest the appellant was coherent and acting normally, that he indicated that he understood his Miranda rights, and that he was able to recall the details of the incident. These facts, in conjunction with the continued presumption of sanity which accompanies a criminal defendant throughout his trial, were sufficient to support the jury's verdict. See Durham v. State, 239 Ga. 697 (1), 699 ( 238 S.E.2d 334) (1977). See also State v. Avery, 237 Ga. 865 ( 230 S.E.2d 301) (1976); Potts v. State, 241 Ga. 67 (13) (1978). Accordingly, it was not error to overrule the motion for new trial on the general grounds.

2. The trial judge did not err in refusing to charge on delusional compulsion (Code Ann. § 26-703) since there was no evidence to indicate that the appellant was acting under any delusion. Teasley v. State, 228 Ga. 107 (5) ( 184 S.E.2d 179) (1971). See also Graham v. State, 236 Ga. 378, 379-382 ( 223 S.E.2d 803) (1976).

Judgment affirmed. Deen, P. J., and Smith, J., concur.

SUBMITTED APRIL 3, 1978 — DECIDED JUNE 23, 1978.


Summaries of

Bennett v. State

Court of Appeals of Georgia
Jun 23, 1978
246 S.E.2d 425 (Ga. Ct. App. 1978)
Case details for

Bennett v. State

Case Details

Full title:BENNETT v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jun 23, 1978

Citations

246 S.E.2d 425 (Ga. Ct. App. 1978)
246 S.E.2d 425

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