State v. Barney

HARRIS, Justice.

Defendant appeals his conviction of assault with intent to commit murder in violation of § 690.6, The Code. The appeal challenges a ruling of the trial court which excluded defendant’s offer of psychiatric testimony offered under a theory of diminished responsibility. We agree with defendant that he should have been allowed to introduce this testimony to negate the State’s evidence of intent. Accordingly we reverse the trial court and remand the case for a new trial.

On March 6, 1975 Willie B. Barney (defendant) and Hubert Mabry exchanged words in a Waterloo tavern. The agreed…