STATE v. MIZE

No. 97A85.

337 S.E.2d 562 (1985)

315 N.C. 285

STATE of North Carolina v. Jerry Wayne MIZE.

Supreme Court of North Carolina.

December 10, 1985.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Charles M. Hensey, Asst. Atty. Gen., Raleigh, for the State.

Adam Stein, Appellate Defender by Gordon Widenhouse, Asst. Appellate Defender, Raleigh for defendant-appellant.


BRANCH, Chief Justice.

By his first assignment of error, defendant contends that the trial court erred in failing to direct a verdict of not guilty by reason of insanity. Basically, defendant argues that his evidence of insanity was uncontroverted and so overwhelming that he was entitled to have the issue of his guilt not submitted to the jury. We do not agree, however, that his evidence was uncontroverted.

The test of insanity as a defense to a criminal charge...

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