Hood v. State

Benham, Judge.

Indicted for entering an automobile in violation of OCGA § 16-8-18, appellant was found guilty but mentally ill. On appeal, his only enumeration of error is that the trial court’s charge on the verdict of guilty but mentally ill misstated the degree of proof required.

The trial court instructed the jury that it would be authorized to find appellant guilty but mentally ill if it believed beyond a reasonable doubt that appellant was guilty, but believed “by a preponderance of the evidence that the Defendant was mentally ill at the time of the commission of the offense.” It is clear…