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Jackson v. State

Defendant failed to prove that he was insane when he shot his next-door neighbors following a long standing dispute.

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Johnnie Jackson was convicted by a jury of five counts of aggravated assault and two counts of aggravated battery. He filed a motion for new trial, which was denied. His sole contention on appeal is that evidence presented by him that he suffered from a delusional compulsion required verdicts of not guilty by reason of insanity. Because we conclude that Jackson did not meet his burden of showing by a preponderance of the evidence that he was insane at the time of the incident, we do not agree, and we affirm.

The events that resulted in the charges against Jackson occurred during a family gathering at the home of two of the victims. Those victims, a husband and wife, were Jackson’s next-door neighbors. The husband’s teenage children and some of their friends were present at the home. Jackson picked up a bush and threw it onto the victims’ driveway. The husband then picked it up and threw it back into Jackson’s yard, telling Jackson to leave them alone. The husband testified he did not threaten Jackson when he threw the bush back but did tell him, “I’m tired of you messing with my d— family.”

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