explaining that the trial court had refused to charge the jury on delusional insanity but disagreeing that such a charge was warranted by the evidence
How later courts described this case
- explaining that the trial court had refused to charge the jury on delusional insanity but disagreeing that such a charge was warranted by the evidence
- holding that the charge was authorized by the evidence
- after stalking her for several hours, defendant shot her husband’s mistress at a department store in front of 50 to 75 eyewitnesses
Written by the judges who cited it.
Later courts went against this
Overruled in part by Burger v. State, 238 Ga. 171 (1977)
228 Ga. 215 (184 SE2d 655) (1971), overruled in part, Burger v. State, 238 Ga. 171, 172 (1) (231 SE2d 769) (1977);
The opinion
Mobley, Presiding Justice,
concurring specially. I concur in the judgment as I agree with the ruling in Division 3 of the opinion that the court erred in refusing to give the request to instruct the jury that: "The act itself may be so utterly senseless and abnormal as to furnish satisfactory proof of a diseased mind.” The conduct of this woman was *221 so senseless and abnormal as would justify the conclusion that her mind was, at the time, diseased.