Pouncey v. State

Cole, J., concurs in the result.

The issue before us is whether a defendant in a criminal case properly can be found both guilty of a crime and insane at the time of its commission.

Appellant was charged with first degree murder of her five-year-old son. She interposed pleas of not guilty and insane at the time of the commission of the crime. The evidence at the nonjury trial in the Circuit Court for Howard County disclosed that the appellant drowned her son because she believed that the devil was pursuing him and that the only way to prevent him from going to hell was to kill him. The evidence…