Ellis v. State

Carley, Judge.

Appellant was indicted on two counts of terroristic threats and one count of public drunkenness. He was tried before a jury and found “guilty but mentally ill” on the first two counts and not guilty on the third. Appellant’s motion for new trial was denied and he appeals.

1. Appellant contends that the trial court erred in failing to give specific instructions to the jury that it must first find him to be criminally responsible for his acts before it would be authorized to consider whether he was “guilty but mentally ill.” Initially, we note that the affidavit of the jury foreman…