McCarthy v. State

HERRMANN, Chief Justice:

The defendant was convicted on two counts of rape in the first degree [11 Del.C. § 764]; 1 one count of attempted rape in the first degree [11 Del.C. § 531]; 2 and one count of kidnapping in the second degree [11 Del.C. § 783]. 3 He appeals on several grounds, including (1) the Trial Judge’s fail ure to instruct the jury on the doctrine of “diminished responsibility” ; and (2) the unconstitutionality of 11 Del.C. § 403, 4 Delaware’s Statute dealing with the commitment of a defendant upon a verdict of “not guilty by reason of insanity.”

The charges and conviction stem…