DUTTON v. STATE

No. A96A2124.

483 S.E.2d 305 (1997)

225 Ga. App. 67

DUTTON v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied March 4, 1997.

Certiorari Denied May 30, 1997.


Attorney(s) appearing for the Case

Davidson & Strain, John M. Strain, Rebecca C. Terry, Rome, for appellant.

James R. Osborne, District Attorney, David B. Fife, Assistant District Attorney, for appellee.


SMITH, Judge.

This appeal presents a single issue: the proper application of the delusional compulsion defense. OCGA § 16-3-3 provides: "[a] person shall not be found guilty of a crime when, at the time of the act, ... the person, because of mental disease, injury, or congenital deficiency, acted as he did because of a delusional compulsion as to such act which overmastered his will to resist committing the crime." Three elements comprise the defense: "(1) that...

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