Prophitt v. State , 183 Ga. App. 332 ( 1987 )

Benham, Judge,

concurring in part and dissenting in part.

While I concur with the majority’s holding in Division 2, I must dissent from the reversal of appellant’s conviction based upon the giving of what the majority perceives to be an “at best ambiguous” recharge on a verdict of not guilty by reason of insanity. As pointed out by appellant and acknowledged by the majority, the trial court had previously informed the jury of the tenets of OCGA § 17-7-131 (b) (3). It is my opinion that this factual distinction makes Loftin v. State, 180 Ga. App. 613 (3) (349 SE2d 777) (1986), inapplicable to the case at bar. Here, the jury was given a charge in the language of OCGA § 17-7-131 (b) (3) (A); the Loftin jury was not. I would affirm appellant’s convictions for aggravated assault.

I am authorized to state that Presiding Judge Deen and Judge Pope join in this opinion.