GA 17-10-61 - GA 17-10-61

OPINIONS OF THE ATTORNEY GENERAL Instructions to physician regarding insanity of one convicted of a capital felony. - In view of the fact that the inquiry under former Code 1933, § 27-2602 (see O.C.G.A. § 17-10-61 ) was directed to the alleged insanity occurring subsequent to the conviction, the definitions of insanity in former Code 1933, §§ 26-702 and 26-703 (see O.C.G.A. §§ 16-3-2 and 16-3-3 ) were inapplicable and should not be given in written instructions to physicians appointed pursuant to former Code 1933, § 27-2602. Those instructions should inform the physicians that the issue was the present sanity of the individual and should be determined on the basis of whether the individual is capable of presently understanding the nature and object of the proceedings going on against the i...