Frier v. State

Full title: FRIER v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 8, 1981

270 S.E.2d 260 (Ga. Ct. App. 1981)

270 S.E.2d 260

Opinion

60894.

DECIDED JANUARY 8, 1981.

Aggravated assault. Worth Superior Court. Before Judge Forehand.

Norman Jewel Crowe, Jr., for appellant.

Thomas H. Pittman, District Attorney, Curtis M. French, Assistant District Attorney, for appellee.

CARLEY, Judge.

Appellant appeals her conviction of aggravated assault on a peace officer.

Appellant's sole enumeration of error attacks the giving of the following charge: "The Defendant bears the burden of showing by a preponderance of the evidence that she was not mentally responsible at the time of the alleged crime." Citing State v. Moore, 237 Ga. 269 ( 227 S.E.2d 241) (1976), appellant urges that the charge is impermissibly burden shifting. This argument was rejected in Boswell v. State, 243 Ga. 732 ( 256 S.E.2d 470) (1979). See also State v. Avery, 237 Ga. 865 ( 230 S.E.2d 301) (1976); Oliver v. State, 244 Ga. 107 (1) ( 259 S.E.2d 56) (1979); Bryant v. State, 149 Ga. App. 777, 779 (5) ( 256 S.E.2d 52) (1979).

Judgment affirmed. Quillian, C. J., and Shulman, P. J., concur.

CARLEY, Judge.

DECIDED JANUARY 8, 1981.