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GARRETT v. STATE

47096.

126 Ga. App. 83 (1972)

189 S.E.2d 860

GARRETT v. THE STATE.

Court of Appeals of Georgia.

Decided April 13, 1972.

Attorney(s) appearing for the Case

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, Richard E. Hicks, Joel M. Feldman, James H. Mobley, Jr., for appellee.

EBERHARDT, Presiding Judge.

Appellant and the deceased engaged in an argument over some money as a result of which the deceased struck appellant about the head or face with his hand, remarking to appellant "you call yourself a smart s.o.b. don't you," and appellant shot the deceased twice.

Appellant urges that after being struck on the head he "faded out" and that he couldn't remember what happened after that. A requested charge on insanity, as found in

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