Section 15.19 Legal Presumption That Persons Are Free From Mental Disease or Defect
| Library | Criminal Practice 2012 Supp |
B. (§15.19) Legal Presumption That Persons Are Free From Mental Disease or Defect
“All persons are presumed to be free from mental disease or defect excluding responsibility for their conduct . . . .” Section 552.030.6, RSMo 2000. This is a conclusive presumption unless substantial evidence is introduced to the contrary. State v. Thomas, 625 S.W.2d 115 (Mo. 1981).
The burden of proof rests on the accused to establish that the accused was suffering from a mental disease or defect excluding responsibility
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