Finding Of Not Guilty By Reason Of Insanity
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3Initial General Sessions Order following bench trial
Finding Defendant Not Guilty by Reason of Insanity
§17-24-40(A)
STATE OF SOUTH CAROLINA
)
IN THE COURT OF GENERAL SESSIONS
__________________
________________________
COUNTY OF
)
Indictment No(s):
________________________
)
A/Warrant No(s):
)
The State of South Carolina,
)
FINDING OF NOT GUILTY BY REASON
)
OF INSANITY
vs.
)
)
INITIAL ORDER OF COMMITMENT
)
FOR PERIOD NOT TO EXCEED 120 DAYS
_____________________________
)
Defendant.
)
This matter comes before me for trial on _________________________. The
Defendant is charged with __________________________________. The State is
represented by ________________________________________ and Defendant is
represented by ________________________________________. Both prosecution and
defense waived a jury trial pursuant to Rule 14 of the South Carolina Rules of Criminal
Procedure, and proceeded with a bench trial.
Pursuant to a previous Order from this Court, the South Carolina Department of
Mental Health (hereafter, SCDMH) evaluated Defendant’s criminal responsibility and
capacity to conform conduct to the requirements of the law on or about
_____________________ (date of alleged offenses) pursuant to S.C. Code Ann. § 17-24-
10 (1976) and M’Naughten. In the evaluation report, the SCDMH examiners found that
Defendant, at the time of the commission of the act(s) charged, as a result of mental
disease or defect, lacked the capacity to distinguish moral or legal right from moral or
legal wrong, or to recognize the particular act(s) charged as morally or legally wrong.
Without objection, this report was entered into evidence, and a copy of the report is
attached hereto.
SCCA 222(a) (03/2013)
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