What is the test for diminished capacity in a criminal case?
California, United States of America
The following excerpt is from People v. Hayes, 172 Cal.App.3d 517, 218 Cal.Rptr. 362 (Cal. App. 1985):
"Washington contends that there is no [172 Cal.App.3d 531] substantial evidence that he possessed the requisite specific intent for robbery, characterizing defense evidence of diminished capacity (a sheriff's sergeant's testimony that, three hours after he was captured, defendant appeared lethargic and appeared to be drifting off to sleep,
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Finally, from one of the seminal cases, People v. Gonzales, 4 Cal.App.3d 593, 608, 84 Cal.Rptr. 863:
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