Brooks v. State

Undercofler, Justice.

We granted certiorari in this case 1 to resolve an apparent conflict in our criminal cases which address the presumption of sanity. Handspike v. State, 203 Ga. 115 (45 SE2d 662) (1947) holds, as stated in the headnote, “When the defendant in a murder case pleads insanity at the time of the homicide, as a defense, and introduces evidence sufficient to overcome the presumption of sanity, and there is no evidence that he was sane at the time of the commission of the offense, a verdict of guilty is unauthorized.” On the other hand, cases exemplified by Moses v. State, 245 Ga.…