State v. Gough

—We are asked to decide whether the defense of diminished capacity is a "lesser included defense," encompassed within the defense of insanity. We hold that it is not, and we affirm Harold S. Gough's conviction for murdering his wife.

Gough has a lengthy history of mental illness. After he stabbed his wife to death in 1986, he said that she was a witch or supernatural being who controlled his mind, and that the killing was a blood sacrifice to protect him from supernatural powers. Several mental health professionals testified at Gough's trial. The trial court instructed on the insanity defense,…