Smith (D) raped a babysitter and then killed the boy she had been babysitting. D had been treated for personality disorders in the past. The State (P) successfully moved for a mental examination prior to the trial. D was prosecuted, and after presentation of evidence at the trial the court instructed the jury on the elements of the insanity defense. D requested an instruction on diminished capacity. P objected, claiming that diminished capacity applied only to the use of intoxicants. The trial court refused the instruction on diminished capacity. D was convicted. D appealed.

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