State v. Korell

213 Mont. 316, 690 P.2d 992 (1984)

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Nature of the Case

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Facts

Korell (D) was suffering from severe psychological problems. D developed a belief that his former job supervisor was trying to kill him. D broke into the supervisor's home and fired several shots at him before being subdued. D was tried for attempted murder and convicted and sentenced to 35 years. D appealed and challenged that State's failure to allow insanity as an independent defense; the state had a series of laws that abolished the defense and only allowed for consideration of insanity for the mental state of mind at the time of the crime or in proper disposition at sentencing.