STATE v. WILCOX

No. 81-977.

70 Ohio St. 2d 182 (1982)

THE STATE OF OHIO, APPELLANT, v. WILCOX, APPELLEE.

Supreme Court of Ohio.

Decided June 16, 1982.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Donald C. Nugent, for appellant.

Mr. Floyd B. Oliver and Mr. James A. Carney, for appellee.


SWEENEY, J.

The question before the court in the instant appeal is whether appellee is entitled to a new trial at which he may present expert psychiatric testimony relating to his alleged incapacity to form the requisite specific intent to commit aggravated murder and aggravated burglary. The state, finding support in the dissent below, contends that "all relevant admissible evidence related to the mental status of Moses Wilcox was before the jury." As a consequence...

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