State v. Moore

HAYS, Justice.

The defendant, Thomas M. Moore, entered a plea of not guilty to the charge of assault with intent to commit murder while armed with a gun. ARS § 13-248. Moore shot a friend of his who had just had sexual intercourse with Moore’s wife. Whether Moore consented to this activity and whether Moore remembered the shooting were the primary issues of fact. Before trial, the defendant served notice of his intention to introduce evidence that he was mentally defective or insane at the time of the incident.

During the trial, an osteopath specializing in psychiatry testified on Moore’s…