Brown v. State

1. Under the statute of this State, a person between the ages of ten and fourteen years can not be legally convicted of a crime, unless it appears from the evidence that he was capax doli; and the burden of proving that he was so rests upon the State. Penal Code (1910), § 33; Ford v. State, 100 Ga. 63 (25 S. E. 845). Tlie court should have charged the jury to this effect, in accordance with a written request, timely made.. An instruction to the effect that, in determining the question as to the mental responsibility of the accused for his conduct, the jury should consider any evidence showing…