Nature of the Case
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Facts
D was found guilty, but mentally ill, of first-degree child abuse, and first-degree criminal sexual conduct. D appealed contending error because the court applied a different test for insanity than that set forth in the statute. D claims that when considering the volitional prong of the statutory test, the trial court incorrectly relied on what is commonly known as the 'policeman at the elbow' standard, i.e., would defendant have committed the crimes had there been a policeman at his elbow at the time.
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