Brackett v. State

Nichols, Justice.

During the trial a question was raised as to whether the State had the burden of proving the defendant’s sanity at the time the crime was allegedly committed. This question arose as a result of the former adjudication of insanity at the first trial,' but no question was then raised as to "insanity at time of trial.” In Flanagan v. State, 103 Ga. 619 (1) (30 SE 550), this court dealt extensively with the prisoner’s right to demand only one trial upon a special plea of insanity and, upon the jury finding adversely to the prisoner, a later trial on such issue or a further delay…