State v. Potter

BALEY, Judge.

Defendant asserts as a defense that he was insane at the time of the commission of the crimes charged in the bills of indictment and at the time of trial. He contends that the trial court erred in finding him competent to stand trial, and that it again erred in failing to grant his motion for nonsuit on the ground of insanity.

Incapacity to stand trial and insanity as a defense to a criminal prosecution are two different concepts. Whether a defendant is competent to stand trial depends on his mental condition at the time of trial. “ Tn determining a defendant’s capacity to stand…