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Title XXXVII CRIMINAL PROCEDURE

  Chapter 552back to chapter 552

  552.010.  Mental disease or defect defined. — The terms "mental disease or defect" include congenital and traumatic mental conditions as well as disease.  They do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, whether or not such abnormality may be included under mental illness, mental disease or defect in some classifications of mental abnormality or disorder.  The terms "mental disease or defect" do not include alcoholism without psychosis or drug abuse without psychosis or an abnormality manifested only by criminal sexual psychopathy as defined in section 202.700, nor shall anything in this chapter be construed to repeal or modify the provisions of sections 202.700 to 202.770.

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(L. 1963 p. 674 § 1, A.L. 1969 p. 572)

(1965) This section's use of the term "mental disease or defect" was not intended to designate any specific form or forms or medical classification of mental disease, but merely means a mind sufficiently disordered to cause the results indicated.  State v. Garrett (Mo.), 391 S.W.2d 235.

(1975) Proper lay or medical testimony of drug addiction is admissible to show extenuating or mitigating circumstances during parole revocation. Reiter v. Camp (A.), 518 S.W.2d 82.

(1978) Loss of memory due to physical injury prevented defendant from assisting in his defense and even though he understood proceedings against him, he could not be tried. State ex rel. Sisco v. Buford (Mo.), 559 S.W.2d 747.


< end of effective 28 Aug 1969 >

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