State v. Allen

OPINION

HOWARD, Chief Judge.

When the defendant in a criminal case presents a psychiatrist who testifies that the defendant was suffering from a mental disease or defect at the time of the crime and therefore did not know the difference between right and wrong, and the state does not present psychiatrists to rebut this testimony, must the defendant be found not guilty by reason of insanity? That is the issue to be decided in this case.

Defendant-appellee (hereinafter defendant) was tried by a jury in the Gila County Superior Court on three counts of assault with a deadly weapon and one count of…