State v. Avery

Undercofler, Presiding Justice.

The Court of Appeals reversed the aggravated assault conviction of the defendant Avery because the trial court did not charge the jury that the burden of persuasion was on the state to show that Avery was sane beyond a reasonable doubt. Avery v. State, 138 Ga. App. 65 (225 SE2d 454) (1976). We granted the state’s application for certiorari to consider whether this ruling comports with our decision in Grace v. Hopper, 234 Ga. 669 (217 SE2d 267) (1975). We reverse. We note, as did the Court of Appeals, that this case does not involve a charge shifting the burden…