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State v. Wilcox

Citation. 70 Ohio St. 2d 182, 436 N.E.2d 523,1982 Ohio 663, 24 Ohio Op. 3d 284.
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Brief Fact Summary.

The Defendant, Wilcox (Defendant) and a companion burglarized the victim’s home and shot the victim to death. Despite pleading insanity, the Defendant was convicted of murder and burglary. He had sought to present testimony or to give a jury instruction on the defense of diminished capacity, which means that the Defendant could not form the specific intent to commit the crime.

Synopsis of Rule of Law.

The State of Ohio does not recognize the partial defense of diminished capacity.


The Defendant and a companion burglarized the victim’s home and shot him to death. Prior to trial, the court-appointed psychiatrist determined that the Defendant was “borderline retarded, schizophrenic, dyslexic, and

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