Zwack v. State

757 S.W.2d 66 (Tex. App. 1988)

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Nature of the Case

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Facts

D was charged with capital murder of a police officer. D claimed insanity as a defense to the charge. A psychiatrist and a clinical psychologist, called by D, testified that D was suffering from paranoia, and the psychologist additionally concluded D was 'borderline schizophrenic.' A psychiatrist and a psychologist called by P testified that they found no evidence of a major mental illness and that D was legally sane. At trial, D’s counsel wanted to read portions of the book, H. CAPLAND & B. SADDOCK, MODERN SYNOPSIS, A COMPREHENSIVE TEXTBOOK OF PSYCHIATRY (4th ed.). On direct examination of his two experts and cross-examination of P's two experts, D established that each was familiar with the book in question and that it was recognized as authoritative in the field of psychiatry; however, none of the witnesses were then questioned as to the contents of the work. After P rested, D sought to read portions of the book to the jury. The trial court refused. D was convicted and appealed.