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BRACKETT v. STATE

26372.

227 Ga. 493 (1971)

181 S.E.2d 380

BRACKETT v. THE STATE.

Supreme Court of Georgia.

Decided April 8, 1971.

Rehearing Denied April 22, 1971.

Attorney(s) appearing for the Case

Lawton Miller, Jr., for appellant.

Jack J. Gautier, District Attorney, Fred M. Hasty, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Charles B. Merrill, Jr., Assistant Attorneys General, for appellee.

NICHOLS, Justice.

1. 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...

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