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This section contains the nature of the case and procedural background.

Davis (D) learned of an affair between his wife and Noe. D killed Noe. D was charged with murder. At his trial, the jury found that D was insane with respect to his wife's relations with Noe, and that D knew the difference between right and wrong. The trial judge instructed the jury that irresistible impulse was not a defense to the killing. D was convicted of second-degree murder. D appealed.

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