GILBERT v. THE STATE (two cases)., 235 Ga. 501, 220 S.E.2.d 262 (1975)

Supreme Court of Georgia

Status: SUBMITTED

Docket Number: 30359

Parts: HALL, Justice.

Linked as:

Summary

Judgment affirmed. All the Justices concur, except Jordan and Ingram, JJ., who concur in the judgment only.

Summary

Judgment affirmed. All the Justices concur, except Jordan and Ingram, JJ., who concur in the judgment only.

Text

Eric Welch, for appellant.

Gilbert appeals from his June 17, 1975, conviction and sixteen-year prison sentence for armed robbery. The evidence was sufficient to show that he committed the armed robbery; the only question on appeal is whether the evidence supports the finding of the trial court that he was sane at the time of the offense.

Gilbert entered a plea of "not guilty," which encompasses the defense of "not guilty by reason of insanity," and waived a trial by jury. The evidence shows that he was previously indicted for rape, filed a special plea of insanity, and on November 26, 1973, was found to be insane and committed to the Central State Hospital at Milledgeville, "to remain until discharged in the manner prescribed by law." He testified that he received shock treatments and medication at the hospital and was released after a few months. At the close of the evidence, the trial court stated, "It was the observation of the court during the course of this trial the defendant seems sane and certainly competent to stand trial. I see no indication of insanity at all."

The trial began with the rebuttable presumption (Code 26-606) that Gilbert was sane, and this presumption is evidence. Fields v. State, 221 Ga. 307 (1) (144 SE2d 339). However, once the certified copy of the insanity order of November 26, 1973, was introduced into evidence, a counter-presumption was raised under Code 38-118 because a mental condition once proved to exist is presumed to continue. Boyd v. State, 207 Ga. 567, 569 (63 SE2d 394). On the question of conflicting presumptions, the stronger (Code 38-118) prevails over the weaker (Code 26-606). 11 EGL 385, Evidence, 143 (1967). See Handspike v. State, 227 Ga. 493 (181 SE2d 380).

While here the transcript does not contain any release order, Gilbert testified he was released by the state hospital and does not claim any irregularity therein. Therefore, the presumption of sanity, his release by the state hospital, and the judge's observations of him during the trial, support the judgment of the trial court that he was sane at the time of the offense.

Joseph Gilbert, pro se.

1975