Legal Opinion

People v. Mangiapane

Michigan Court of Appeals

Decided August 22, 1978No. Docket 77-4316PublishedCited by 24 opinions

1Opinion of the CourtBeasley, J.

Defendant was charged with assault with intent to commit murder in violation of MCL 750.83; MSA 28.278, after a woman was shot seven times with a gun.

After bindover, defendant moved for an order allowing psychiatric testimony on the issue of his capacity to form the requisite specific intent, although he filed no notice of nor did he intend to claim insanity. After careful consideration, the trial court denied defendant’s motion, holding that the 1975 amendments to the Code of Criminal Procedure codified the so-called "diminished capacity” tests and precluded any such claim except within the…

2Cases cited3 opinions

  1. People v. MartinMichigan Supreme Court · 1971
  2. People v. DurfeeMichigan Supreme Court · 1886
  3. People v. LynchMichigan Court of Appeals · 1973

3Cited by24 opinions

  1. Metrish v. LancasterSupreme Court of the United States · 2013
  2. Chestnut v. StateSupreme Court of Florida · 1989
  3. People v. CarpenterMichigan Supreme Court · 2001
  4. State v. HutchinsonWashington Supreme Court · 1989
  5. People v. AndersonMichigan Court of Appeals · 1988

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