Smith v. State

Shulman, Judge.

In January, 1975, appellant was tried for murder and found guilty of manslaughter. This appeal is from a denial of a motion for new trial.

1. Appellant urges that the court erred in charging the jury that appellant had the burden of proving insanity by a preponderance of the evidence. This ground is unavailing. Although charges placing the burden of proof on the criminal defendant by either a preponderance of the evidence or beyond a reasonable doubt are now considered erroneous (Thornton v. State, 139 Ga. App. 483 (228 SE2d 919)), it was not error to give this charge at the…