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FRIER v. THE STATE.

CARLEY, Judge.

Appellant appeals her conviction of aggravated assault on a peace officer.

Appellant's sole enumeration of error attacks the giving of the following charge: "The Defendant bears the burden of showing by a preponderance of the evidence that she was not mentally responsible at the time of the alleged crime." Citing State v. Moore, 237 Ga. 269 ( 227 S.E.2d 241) (1976), appellant urges that the charge is impermissibly burden shifting. This argument was rejected in Boswell v. State, 243 Ga. 732 ( 256 S.E.2d 470) (1979). See also State v. Avery, 237 Ga. 865 ( 230 S.E.2d 301) (1976); Oliver v. State, 244 Ga. 107 (1) ( 259 S.E.2d 56) (1979); Bryant v. State, 149 Ga. App. 777, 779 (5) ( 256 S.E.2d 52) (1979).

Judgment affirmed. Quillian, C. J., and Shulman, P. J., concur.

CARLEY, Judge.

DECIDED JANUARY 8, 1981.
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FRIER v. STATE
(Jan 8, 1981)