STATE v. GARDNER

42012.

254 Ga. 264 (1985)

328 S.E.2d 546

THE STATE v. GARDNER.

Supreme Court of Georgia.

Decided April 16, 1985.


Attorney(s) appearing for the Case

Sam B. Sibley, Jr., District Attorney, George N. Guest, Assistant District Attorney, for appellant.

Richard E. Allen, for appellee.


GREGORY, Justice.

In 1970, while the defendant was stationed at Fort Gordon, his youngest child died from burns inflicted by scalding water. The child was under the defendant's care at the time. The autopsy report indicated the child's death was accidental.

In 1981, the defendant suffered a severe stroke, which, according to undisputed medical testimony, destroyed a substantial portion of his brain, left him psychotically depressed, insane, and incapable of...

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