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GRACE v. HOPPER

Civ. A. No. 2954-Mac.

425 F.Supp. 1355 (1977)

Hamp Grace, Petitioner, v. Joseph HOPPER, Warden, Georgia State Prison, Reidsville, Georgia, Respondent.

United States District Court, M. D. Georgia, Macon Division.

February 2, 1977.

Attorney(s) appearing for the Case

Hamp Grace, pro se.

Arthur K. Bolton, Atty. Gen., David L. G. King, Jr., Asst. Atty. Gen., State of Georgia, Atlanta, Ga., for respondent.

OWENS, District Judge:

While the Supreme Court of the United States in 1895 in Davis v. United States, 160 U.S. 469, 16 S.Ct. 353, 40 L.Ed. 499, decided that in federal criminal trials the prosecution is required to prove every essential element of the crime charged including the mental capacity of the defendant, beyond a reasonable doubt, saying:

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