What is the test for a jury to determine whether a plaintiff has the mental capacity to enter into a mental institution?
MultiRegion, United States of America
The following excerpt is from United States v. Toussie, 410 F.2d 1156 (2nd Cir. 1969):
Appellant's final claims are insubstantial. There was ample evidence before the jury to warrant a finding that he had the requisite mental capacity, despite a history of emotional disturbance. Moreover, the trial court properly charged the jury on this issue under the test of United States v. Freeman, 357 F.2d 606 (2d Cir. 1966), and committed no error in its charge or rulings on defendant's requests to charge.
Judgment affirmed.
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