Section 23.60 Mental Disease or Defect

• Library: Criminal Practice 2012 Supp

15. (§23.60) Mental Disease or Defect

A qualified expert may render an opinion on mental disease or defect. State v. Cochran, 203 S.W.2d 707 (Mo. banc 1947); State v. Crawford, 416 S.W.2d 178 (Mo. 1967). An opinion is not barred because it invades the province of the jury. State v. Brigham, 709 S.W.2d 917, 920–21 (Mo. App. S.D. 1986). If an opinion, however, is not offered as a diagnosis of a mental disease or defect and is a conclusion that could be drawn by a juror, it is inadmissible as expert...