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

OPINIONS OF THE ATTORNEY GENERAL Definitions of insanity are inapplicable to instructions to physician. - In view of fact that former Code 1933, § 27-2602 (see now O.C.G.A. § 17-10-61 ) specifically requires that inquiry into whether person convicted of capital felony offense has become insane be directed to alleged insanity occurring subsequent to conviction, definitions of insanity as stated in former Code 1933, §§ 26-702 and 26-703 (see now O.C.G.A. §§ 16-3-2 and 16-3-3 ) are inapplicable and should not be given in written instructions to physicians appointed pursuant to Georgia law; since basic issue is the individual's sanity at the time subsequent to conviction, or in effect, the individual's present sanity, the appropriate test should be that as employed upon a special plea of insan...