State v. Jackson

HUSKINS, Justice:

Defendant first assigns error to the finding by the trial court that defendant had sufficient capacity to stand trial. The amended record shows that a psychiatrist offered by the State, Dr. James F. Groce, found no evidence of psychosis. Defendant’s psychiatrist, Dr. Milton F. Gipstein, testified at a hearing on defendant’s motion prior to trial that he found defendant clearly psychotic.

Defendant had been ordered evaluated at Dorothea Dix Hospital by Judge Paschal on 13 December 1979. The staff of that hospital reported him competent to stand trial on 19 December 1979. On…