State v. Conte

King, C. J.,

The defendant was charged with murder in the second degree in the fatal shooting of Pasquale Caricchio on June 14, 1966. In this appeal from his conviction, the defendant assigns error in the refusal of the court to submit the issue of his sanity to the jury; in the court’s refusal to adopt the definition of insanity approved in United States v. Freeman, 357 F.2d 606 (2d Cir.); and in a ruling on evidence..(1)

For convenience, we first take up the claimed error in refusing to adopt the test of insanity approved in the Freeman case. Our common-law test or definition of insanity as a…