State v. Shoffner

1. The defense of insanity. In instructing the jury, the learned circuit judge faithfully followed our decision in State v. Esser 1 and defined the defense of insanity in terms of capacity to understand the nature and quality of the act and capacity to distinguish between right and wrong with respect to it.

The defense had requested, in preferential order, four alternative instructions. The elements involved in each were as follows:

The first: Lack of substantial capacity to appreciate criminality of conduct or lack of substantial capacity to conform conduct to the requirements of law.2

*419The…