Docket No. Crim. 19933.

22 Cal.3d 419 (1978)

584 P.2d 524

149 Cal. Rptr. 387

In re RAMON M., a Person Coming Under the Juvenile Court Law. KENNETH F. FARE, as Acting Chief Probation Officer, etc., Plaintiff and Respondent, v. RAMON M., Defendant and Appellant.

Supreme Court of California.

October 10, 1978.

Attorney(s) appearing for the Case


Paul Halvonik, State Public Defender, and Charles M. Sevilla, Chief Assistant State Public Defender, for Defendant and Appellant.

William S. Greene, Wylie A. Aitken, Edward I. Pollock, William P. Camusi and Leonard Sacks as Amici Curiae on behalf of Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Norman H. Sokolow and Howard J. Schwab, Deputy Attorneys General, for Plaintiff and Respondent.



Penal Code section 26 codifies the rarely used defense of idiocy as well as the better known defense of insanity. The California courts until recently have employed the same standard, the M'Naghten test,1 to govern both defenses. In People v. Drew (1978) ante page 333 [149 Cal.Rptr. 275, 583 P.2d 1318

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