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STATE v. AVERY

31159.

237 Ga. 865 (1976)

230 S.E.2d 301

THE STATE v. AVERY.

Supreme Court of Georgia.

Decided November 3, 1976.

Attorney(s) appearing for the Case

Richard Bell, District Attorney, Calvin A. Leipold, Jr., Assistant District Attorney, for appellant.

Wynn Pelham, for appellee.

UNDERCOFLER, Presiding Justice.

The Court of Appeals reversed the aggravated assault conviction of the defendant Avery because the trial court did not charge the jury that the burden of persuasion was on the state to show that Avery was sane beyond a reasonable doubt. Avery v. State, 138 Ga.App. 65 (225 S.E.2d 454) (1976). We granted the state's application for certiorari to consider...

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