However, "[a] confession made by one who is insane is not the product of `a rational intellect and a free will,' and is, thus, not voluntarily made. [Cits.]" State v. Gardner, 254 Ga. 264, 265 ( 328 SE2d 546) (1985). A review of the transcript of the hearing conducted on Hendricks' motion shows that the evidence did not demand a finding that he was insane at the time he made the statement.
Accordingly, since appellee's motion was made and ruled upon prior to the jury having been sworn, we hold that the State's appeal of the trial court's ruling is within the purview of OCGA ยง 5-7-1 (4). State v. Gardner, 254 Ga. 264 ( 328 S.E.2d 546) (1985). Accord State v. Strickman, 253 Ga. 287 ( 319 S.E.2d 864) (1984); State v. McCard, 173 Ga. App. 504 ( 326 S.E.2d 856) (1985).
State v. Strickman, 253 Ga. 287, 288 ( 319 S.E.2d 864) (1984). See also State v. Gardner, 254 Ga. 264 ( 328 S.E.2d 546) (1985); State v. McCard, 173 Ga. App. 504 ( 326 S.E.2d 586) (1985). In the present case, however, appellee's pre-trial motion did not seek the suppression of any evidence on the ground that it had been obtained in violation of law.