Ross v. State

Banke, Chief Judge.

To an indictment charging him with burglary and aggravated assault, the appellant filed a special plea of insanity. By agreement of counsel, the issues of his competency to stand trial and his guilt or innocence of the charges were tried before the same jury, which found him competent to stand trial and returned a verdict of “guilty but mentally ill” as to both counts. He filed two separate notices of appeal from the denial of his motion for new trial. Held:

1. The court did not err in denying the appellant’s motion to continue the trial on the insanity plea based on the…