GA 17-7-130 - GA 17-7-130

Burden of Proof Relevance and proof of mental condition at time of offense. - To show the insanity of the accused at the time of the commission of the offense it is relevant to introduce testimony showing the mental condition of the accused at the time of the offense, and the accused's mental condition before and after the offense may be proved as tending to show the accused's condition at the time of the offense. Handspike v. State, 203 Ga. 115 , 45 S.E.2d 662 (1947), overruled on other grounds, Brooks v. State, 247 Ga. 744 , 279 S.E.2d 649 (1981). Burden of proof generally. - On the issue of insanity (now mental incompetency), the burden of proof rests upon the defendant who alleges the insanity. Carter v. State, 56 Ga. 463 (1876); Keener v. State, 97 Ga. 388 , 24 S.E. 28 (1895). Trial o...