Does the original instruction on insanity as a defense to a criminal charge use "and" or "or"?
California, United States of America
The following excerpt is from People v. Horn, 158 Cal.App.3d 1014, 205 Cal.Rptr. 119 (Cal. App. 1984):
8 The original CALJIC instruction, number 801, on insanity as a defense to a criminal charge used "and" rather than "or". After the decision in People v. Richardson (1961) 192 Cal.App.2d 166, 13 Cal.Rptr. 321, pointed out the error, the instruction was changed. (See CALJIC No. 4.00, (3d ed. 1970).)
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