Legal Opinion
State v. McGautha
Missouri Court of Appeals
Decided May 4, 1981No. WD 31369PublishedCited by 4 opinions
1Opinion of the Court
SHANGLER, Judge.
The defendant was convicted of rape and sentenced to imprisonment for five years. The appeal concerns the propriety of evidence by a psychiatrist received on the defense of mental disease or defect excluding responsibility under § 552.030 and the neglect by the trial court to limit the effect of the testimony by a concomitant oral instruction and a later formal instruction as prescribed by § 552.030.6.
The defendant was formally charged with rape by an indictment returned, and entered a plea of not guilty to the accusation. The defendant then coupled that plea with a notice of…
2Cases cited35 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Malloy v. HoganSupreme Court of the United States · 1964
- Kastigar v. United StatesSupreme Court of the United States · 1972
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3Cited by4 opinions
- State v. BarnesMissouri Court of Appeals · 1987
- State v. OhmesMissouri Court of Appeals · 1984
- People v. HerreraColorado Court of Appeals · 2003
- People v. HerreraColorado Court of Appeals · 2003