STATE v. SMITH 396 A.2d 126 (Vt. 1978). CASE BRIEF

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:





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