# People v. Drew

> California Supreme Court · September 26, 1978 · 22 Cal. 3d 333

URL: https://www.frixlaw.com/law-library/cases/9853598

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. RONALD JAY DREW, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** September 26, 1978
- **Citations:** 22 Cal. 3d 333; 149 Cal. Rptr. 275; 583 P.2d 1318; 1978 Cal. LEXIS 291
- **Precedential status:** Published
- **Opinion:** Concurrence by Mosk
- **Judges:** Tobriner, Richardson, Clark
- **Cited by:** 127 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by statute, as recognized in People v. Skinner.
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9853598

## How later opinions describe it (automated extraction)

- holding that the A.L.I. standard for insanity then applied in California, rather than the older M’Naghten rule
- noting that the California Supreme Court has “frequently upheld on appeal verdicts which find a defendant to be sane in the face of contrary unanimous expert opinion”

## Opinion text

*353 MOSK, J.
I concur in the well-reasoned majority opinion.
In response to the criticism of the dissent that in some cavalier manner we are encroaching upon the legislative preserve, I repeat the conclusion advanced in my separate concurring opinion in People v. Kelly (1973) 10 Cal.3d 565, 578 [ 111 Cal.Rptr. 171 , 516 P.2d 875 ]: the M’Naghten rule must be abandoned, the Legislature is invited to adopt a substitute therefor whenever it considers Penal Code revision, and trial courts are directed in the interim to adhere to the ALI formula (id., at p. 582).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9853598. Public record. Not legal advice.