People v. Serravo

We granted certiorari to review the decision of the court of appeals in People v. Serravo, 797 P.2d 782 (Colo.App.1990), in order to determine the meaning of the phrase “incapable of distinguishing right from wrong” in Colorado’s statutory definition of insanity codified at section 16-8-101(1), 8A C.R.S. (1986). The trial court, in the insanity phase of a criminal prosecution, instructed the jury that the phrase “incapable of distinguishing right from wrong” refers to a person who appreciates that his conduct is criminal but, due to a mental disease or defect, believes that the conduct is…