STATE v. MONTANO

No. 761.

494 P.2d 185 (1972)

83 N.M. 523

STATE of New Mexico, Plaintiff-Appellee, v. Ernest MONTANO, Defendant-Appellant.

Court of Appeals of New Mexico.

February 4, 1972.


Attorney(s) appearing for the Case

Wycliffe V. Butler, Butler & Colberg, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Winston Roberts-Hohl, Asst. Atty. Gen., Sante Fe, for plaintiff-appellee.


OPINION

HENDLEY, Judge.

Convicted of burglary defendant appeals. We reverse on defendant's third point regarding an insanity instruction.

During the course of the trial a psychiatrist testified that defendant "* * * gave a history of being mentally ill... . . I would have considered him [defendant] mentally ill then [at the time of the criminal act]" and defendant "* * would not have been able to distinguish right from wrong * * *."

The defendant...

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