State v. Smith
Supreme Court of Vermont
396 A.2d 126 (Vt. 1978)
Relevant factsFree
Smith (defendant), who had a history of psychological treatment for personality disorders, was charged with rape and murder. He asserted an insanity defense and separately asked the trial court to instruct the jury that it must consider whether his mental state was diminished, apart from full insanity, when determining whether he had the intent required for the crimes. The trial court refused, reasoning that diminished capacity only applied in intoxication cases. Smith was convicted and appealed.
IssueFree
Whether a trial court must instruct the jury on its duty to consider diminished capacity in determining the defendant's required state of mind, where the evidence in any form supports doing so.