STATE v. GOUGH

No. 10926-3-II.

53 Wn. App. 619 (1989)

768 P.2d 1028

THE STATE OF WASHINGTON, Respondent, v. HAROLD S. GOUGH, Appellant.

The Court of Appeals of Washington, Division Two.

March 15, 1989.


Attorney(s) appearing for the Case

Don A. McConnell and Taylor & McConnell, for appellant (appointed counsel for appeal).

Patrick D. Sutherland, Prosecuting Attorney, and James C. Powers, Deputy, for respondent.


WORSWICK, J.

We are asked to decide whether the defense of diminished capacity is a "lesser included defense," encompassed within the defense of insanity. We hold that it is not, and we affirm Harold S. Gough's conviction for murdering his wife.

Gough has a lengthy history of mental illness. After he stabbed his wife to death in 1986, he said that she was a witch or supernatural being who controlled his mind, and that the killing was a blood sacrifice to protect...

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