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Name: People v. Phillips
Case #: B130959
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 08/21/2000
Subsequent History: Review denied 11/29/00

The test of insanity as stated in section 25, subdivision (b) of the Penal Code is the M’Naughten test: a person is insane where he was incapable of knowing or understanding the nature and quality of his or her act, and of distinguishing right from wrong at the time of the commission of the offense. The Court of Appeal here held that the same test also applies to determine whether a person is an idiot under Penal Code section 26. Here coappellant Phillips knew what he was doing was wrong, so there is no basis for concluding he lacked the capacity to commit the crimes charged here.