STATE V. SMITH
396 A.2d 126 (Vt. 1978)
NATURE OF THE CASE: This was an appeal from a rape and murder conviction.
FACTS: Smith (D) raped a baby sitter and then killed the boy she had been baby-sitting. D had been treated for personality disorders in the past. The State (P) successfully moved for a mental examination prior to the trial. D was prosecuted, and after presentation of evidence at the trial the court instructed the jury on the elements of the insanity defense. D requested an instruction on diminished capacity. P objected, claiming that diminished capacity applied only to the use of intoxicants. The trial court refused the instruction on diminished capacity. D was convicted. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment