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Shirley v. State

253 S.E.2d 787, 149 Ga. App. 194, 1979 Ga. App. LEXIS 1786
Court of Appeals of Georgia·Decided February 9, 1979·No. 56501·Published·Cited by 16 cases

Opinions

Webb, Presiding Judge.

Shirley has appealed his conviction for burglary and possession of a firearm during the commission of a crime. His principal contentions are that the court erred in refusing to charge the jury on his defense of insanity and denying his counsel permission to argue that issue to the jury. He also contends that the trial court should have charged § 27-1503.

1. The threshold issue in this case is whether there was any evidence to support a charge on insanity under Criminal Code §§ 26-702 and 26-703. If there is not, then a charge on Code Ann. § 27-1503 never arises. While the evidence here established that Shirley had been "hooked” on drugs and alcohol for some time, there was nothing presented to show that his addiction had destroyed his knowledge of right and wrong, that he could not distinguish between right and wrong, or that he was acting under a delusional compulsion.

2. Remaining enumerations are without merit. Accordingly, the judgment of conviction is affirmed.

Judgment affirmed.

McMurray, Smith, Shulman, Banke and Birdsong, JJ., concur. Been, C. J., concurs specially. Quillian, P. J., dissents. [195] James B. Hamilton, for appellant. Johnnie L. Caldwell, Jr., District Attorney, J. David Fowler, Paschal A. English, Jr., Assistant District Attorneys, for appellee.

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Shirley v. State, 253 S.E.2d 787, 149 Ga. App. 194, 1979 Ga. App. LEXIS 1786 (Ga. Ct. App. 1979).

253 S.E.2d 787 (Shirley v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Shirley v. State
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