AVERY v. STATE

51639.

138 Ga. App. 65 (1976)

225 S.E.2d 454

AVERY v. THE STATE.

Court of Appeals of Georgia.

Decided February 17, 1976.

Rehearing Denied March 11, 1976.


Attorney(s) appearing for the Case

Wynn Pelham, for appellant.

Richard Bell, District Attorney, Calvin A. Leipold, Assistant District Attorney, for appellee.


CLARK, Judge.

The issue in this appeal from a conviction of aggravated assault concerns the proper allocation of the burden of persuasion as to a defense of insanity.

At his trial, defendant did not deny that he had grabbed the gun of a DeKalb County police officer and had shot him in the hand. Rather, he contended that he was unable to remember the incident and that he was not criminally responsible for his actions at the time.

There was testimony...

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