State v. Moore

The plea of not guilty by reason of temporary insanity is not a judicial admission that the defendant committed any unlawful act. Under a plea of not guilty the State must prove all elements of the offense charged. State v. Cephus, 239 N.C. 521, 80 S.E. 2d 147; State v. Harris, 223 N.C. 697, 28 S.E. 2d 232; State v. DeGraffenreid, 223 N.C. 461, 27 S.E. 2d 130.

After the State’s witness Jones had described the defendant’s acts and conduct immediately before he arose from the couch with the gun, he should have been permitted to say whether the defendant acted like a man not in his right mind.…