Tarver v. State

Beasley, Judge.

Defendant appeals his convictions of armed robbery, OCGA § 16-8-41, and kidnapping, OCGA § 16-5-40.

1. Defendant contends the verdict was contrary to law because the evidence established that he lacked the necessary mens rea to be guilty of the offenses charged since at the time of their commission he was legally insane. OCGA § 16-3-2 provides: “A person shall not be found guilty of a crime if, at the time of the act. . . constituting the crime, the person did not have mental capacity to distinguish between right and wrong in relation to such act.” OCGA § 17-7-131 specifies the…