GA 16-2-3 - GA 16-2-3

JUDICIAL DECISIONS Mental abnormality, unless it amounts to insanity, is not a defense to a crime. Hudson v. State, 171 Ga. App. 181 , 319 S.E.2d 28 (1984). Absent prior adjudication of insanity, presumption existing at time of trial is of sanity. Howard v. State, 150 Ga. App. 356 , 258 S.E.2d 39 (1979). Presumption of sanity returns upon discharge. - Presumption of sanity prevails after release of accused previously committed to mental institution. Jackson v. State, 149 Ga. App. 253 , 253 S.E.2d 874 (1979). Although person may have been previously committed, presumption of sanity returns when person is discharged from institutional confinement. Fulghum v. State, 246 Ga. 184 , 269 S.E.2d 455 (1980). Even when an accused has initially been found incompetent to stand trial, upon the accused ...