[DOWNLOAD] "State West Virginia v. Warren Gayle Myers" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free

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eBook details

• Title: State West Virginia v. Warren Gayle Myers
• Author : Supreme Court of Appeals of West Virginia
• Release Date : January 24, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

1. Criminal Law In a criminal trial, a psychiatrist testifying on the issue of insanity should be permitted to make unrestricted use of the information elicited by him during his interview with the defendant and should further be permitted to make reference to information available to him in the form of records or documents whose reliability has been reasonably established and which have been kept in the regular course of professional care or treatment of the defendant, provided that such information either from the interview or the records is information taken into consideration by the psychiatrist in arriving at his diagnosis. 2. Criminal Law When a defendant in a criminal case raises the issue of insanity, the test of his responsibility for his act is whether, at the time of the commission of the act, it was the result of a mental disease or defect causing the accused to lack the capacity either to appreciate the wrongfulness of his act or to conform his act to the requirements of the law, and it is error for the trial court to give an instruction on the issue of insanity which imposes a different test or which is not governed by the evidence presented in the case.

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