Kelley v. State

McMurray, Presiding Judge.

Defendant was tried before a jury and convicted of aggravated assault upon a peace officer. Although defendant notified the State before trial of his intent to raise an insanity defense and proffered expert testimony at trial in support of this defense, the trial court refused to charge on insanity reasoning that insanity is an affirmative defense which is not available to defendant because he denied committing the charged offense. We agree with the trial court’s analysis.

The evidence adduced at trial reveals that defendant, while standing outside his female friend’s…