Shirley v. State

Webb, Presiding Judge.

Shirley has appealed his conviction for burglary and possession of a firearm during the commission of a crime. His principal contentions are that the court erred in refusing to charge the jury on his defense of insanity and denying his counsel permission to argue that issue to the jury. He also contends that the trial court should have charged § 27-1503.

1. The threshold issue in this case is whether there was any evidence to support a charge on insanity under Criminal Code §§ 26-702 and 26-703. If there is not, then a charge on Code Ann. § 27-1503 never arises. While the…