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STATE v. ALLEN

No. 2 CA-CR 800.

27 Ariz. App. 577 (1976)

557 P.2d 176

The STATE of Arizona, Appellant, v. Thomas Alden ALLEN, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 4, 1976.

Petition for Review Denied November 30, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Heather Sigworth, Asst. Atty. Gen., Tucson, for appellant.

Debus, Busby & Green, Ltd. by Jordan L. Green, Phoenix, for appellee.

OPINION

HOWARD, Chief Judge.

When the defendant in a criminal case presents a psychiatrist who testifies that the defendant was suffering from a mental disease or defect at the time of the crime and therefore did not know the difference between right and wrong, and the state does not present psychiatrists to rebut this testimony, must the defendant be found not guilty by reason of insanity? That is the issue...

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