Matevia v. State

LEHAN, Judge.

We reverse defendant’s conviction for first-degree murder and remand for a new trial. We agree with defendant’s contention that the trial court erred in instructing the jury on insanity.

At his trial defendant relied upon the insanity defense. He requested the following instruction:

An issue in this case is whether [defendant] was insane when the crime allegedly was committed.

A person is considered to be insane when:

1. He had a mental infirmity, disease or defect.

2. Because of this condition

*586a. he did not know what he was doing or its consequences or

b. although he knew what he was…