People v. Wetmore

Opinion

TOBRINER, J.

Charged with burglary, defendant argued that psychiatric reports showed that as a result of mental illness he lacked the specific intent required for conviction of that crime. Relying on a dictum in People v. Wells (1949) 33 Cal.2d 330 [202 P.2d 53], the trial court reasoned that because the reports described defendant’s insanity as well as his diminished capacity, such description of defendant’s condition in those reports should not be admitted to prove lack of specific intent. The court found defendant guilty of second degree burglary; subsequently, relying on the…