State v. Hall

I dissent from Divisions I and II of the majority opinion because of its erroneous treatment of defendant’s claimed defense of insanity. Consequently, I dissent, too, from the result.

The insanity issue arose at trial because plaintiff testified he had ingested a quantity of LSD shortly before the events in question without knowing what it was and without realizing its possible harmful effects. The majority concedes there was ample medical testimony produced by defendant as to the properties of this hallucinogenic drug to support a finding defendant was suffering from a mental illness or…