Criminal Law keyed to Dripps
State v. Smith
Facts
Smith (Defendant) was charged with the rape of a babysitter and the murder of the child she was babysitting. Defendant had previously been treated for personality disorders. At trial, Defendant asserted an insanity defense and requested that the trial court instruct the jury on its duty to determine the existence of Defendant’s state of mind in the light of any diminished capacity they found Defendant to have. The State argued that the diminished capacity doctrine was only applicable when intoxication was in question. The trial court declined Defendant’s request and did not so instruct the jury. Defendant was convicted. He appealed.
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