Avery v. State

Clark, Judge.

The issue in this appeal from a conviction of aggravated assault concerns the proper allocation of the burden of persuasion as to a defense of insanity.

At his trial, defendant did not deny that he had grabbed the gun of a DeKalb County police officer and had shot him in the hand. Rather, he contended that he was unable to remember the incident and that he was not criminally responsible for his actions at the time.

There was testimony to the effect that defendant was a peaceable man whose violent actions were triggered earlier in the evening by a blow to the head. Dr. Allard, who…