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.
(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.
Notes of Decisions
Cited in 115
cases (4 in the last 5 years), 1965–2025 · leading case: State v. Smith, 649 S.W.2d 417 (Mo. 1983).
State v. Smith, 649 S.W.2d 417 (Mo. 1983). · cites it 14דSee Section 552.010, RSMo. All should be omitted unless the evidence justifies calling them to the jury's attention.”
Bryant v. State, 563 S.W.2d 37 (Mo. 1978). · cites it 16ד1974) in which this court considered a psychiatric report which stated petitioner had a mental disease and defect within the meaning of § 552.010, RSMo 1969, and at the same time found he had the capacity to understand the proceedings against him and to assist in his own defense.”
State v. Preston, 673 S.W.2d 1 (Mo. 1984). · cites it 6דSection 552.010, RSMo 1978 specifically says so.”
State v. Jones, 979 S.W.2d 171 (Mo. 1998). · cites it 6ד03 and premised on section 552.010, RSMo 1994. Jones claims error because the instruction directed the jurors that they were only permitted, but not required, to consider his drug dependence and could only consider that dependence if psychosis had existed.”
State v. Ingram, 607 S.W.2d 438 (Mo. 1980). · cites it 6ד” Section 552.010 RSMo 1978, defines the term “mental disease or defect,” and it is there stated: “The terms ‘mental disease or defect' do not include alcoholism without psychosis or drug abuse without psychosis.”
State v. Vansandts, 540 S.W.2d 192 (Mo. Ct. App. 1976). · cites it 6ד" The prosecutor then asked the defendant to read the findings of the reportthat the accused has no mental disease or defect within the meaning of § 552.010. After a few questions, defense counsel again objected, which was sustained.”
State v. Richardson, 923 S.W.2d 301 (Mo. 1996). · cites it 3ד44 (1989), Notes on Use 5 (“[T]he Court upon request of the defendant should permit the jury to consider any evidence that the defendant suffered from a ‘mental disease or defect’ as that phrase is defined in Section 552.010, RSMo 1986-” The note further suggests a method of…”
State v. Carter, 641 S.W.2d 54 (Mo. 1982). · cites it 4ד" § 552.010, RSMo 1969. Defendant, prior to trial, underwent two mental examinations at Fulton State Hospital.”
State v. Weekly, 107 S.W.3d 340 (Mo. Ct. App. 2003). · cites it 6דSection 552.010 provides the following definition: The terms “mental disease or defect” include congenital and traumatic mental conditions as well as disease.”
Mouse v. State, 90 S.W.3d 145 (Mo. Ct. App. 2002). · cites it 15דThe discussion in Shipman is based on § 552.010, which defines “mental disease or defect” in the same manner today as it did in 1978, when Shipman was decided.”
Cole v. State, 553 S.W.2d 877 (Mo. Ct. App. 1977). · cites it 6דThis is a mental disease according to Section 552.010 RSMo. and was present prior to the alleged crime on November 6, 1972.”
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