Brown v. State

I dissent from the majority opinion, which grants a new trial in part because of the trial court’s refusal to charge on delusional insanity. A charge on delusional insanity was not authorized in the present case for two reasons: In the first place, the defendant testified that she shot the decedent accidentally, not because of a "continuing adulterous affair” (which existed either in fact or merely in the defendant’s mind). Hence, under her own testimony, it does not appear that she was laboring under a delusion (Goosby v. State, 153 Ga. 496 (112 SE 467) or, if she was, that the act itself…