Tolbert v. State

Weltner, Justice.

1. (a) John Tolbert was indicted for malice murder, felony murder, aggravated assault, possession of a firearm during the commission of a crime, and escape. Prior to his indictment, the trial court, under authority of Uniform Superior Court Rule 31.5, ordered a mental evaluation. The report of a psychiatrist at Central State Hospital stated that Tolbert had been under the influence of a delusional compulsion at the time of the incidents here involved. Two days before his indictment, Tolbert filed a notice of intent to raise the defense of insanity. On the date of the…