BENNETT v. STATE

55648.

146 Ga. App. 407 (1978)

246 S.E.2d 425

BENNETT v. THE STATE.

Court of Appeals of Georgia.

Decided June 23, 1978.


Attorney(s) appearing for the Case

Surrett, Thompson, Bell, Choate & Walker, John C. Bell, Jr., for appellant.

Richard E. Allen, District Attorney, Stephen E. Curry, Assistant District Attorney, for appellee.


BANKE, Judge.

The appellant was convicted of aggravated assault for shooting his sister-in-law. His sole defense was his alleged insanity at the time of the shooting.

1. The appellant made out a strong case for his lack of capacity to distinguish right from wrong at the time of the shooting. See Code Ann. § 26-702. In contrast, the state produced very little evidence bearing on the issue. However, the state did produce testimony that at the time of his...

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