Legal Opinion

Biddy v. State

Court of Appeals of Georgia

Decided February 16, 1976No. 51753PublishedCited by 25 opinions

1Opinion of the Court

Deen, Presiding Judge.

An insanity defense was interposed, and the court charged at length on the subject, including the provisions of Code § 26-702 and including states of temporary insanity. He did not charge Code § 26-703 relating to delusional compulsion or that part of Code § 27-1503 relating to disposition of the prisoner if the jury should find him not guilty by reason of insanity. We find no error. Delusional insanity as defined in Brown v. State, 228 Ga. 215 (184 SE2d 655), may be found where, in consequence of a delusion brought about by mental disease, the will is so overmastered…

2Cases cited5 opinions

  1. State v. EstevezSupreme Court of Georgia · 1974
  2. State v. ScherrWisconsin Supreme Court · 1960
  3. Brown v. StateSupreme Court of Georgia · 1971
  4. People v. LabarberaCalifornia Court of Appeal · 1949
  5. Summerour v. StateCourt of Appeals of Georgia · 1975

3Cited by25 opinions

  1. United States v. LemireCourt of Appeals for the D.C. Circuit · 1983
  2. In Re Parole Application of TrantinoSupreme Court of New Jersey · 1982
  3. Sloan v. United StatesDistrict of Columbia Court of Appeals · 1987
  4. Wilson v. StateCourt of Appeals of Georgia · 1979
  5. Moore v. StateCourt of Appeals of Georgia · 1976

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