Well, Badtz, in such a case, a jury would hear the evidence from a defendent maintaining NGBROI and evidence from the prosecution and make the decision. I don’t think either guilty or not guilty by reasons of insanity are givens in your hypothetical, and indeed, evidence in an individual case would change your view possibly if you were on an jury.
For example, while I agree with what you say, say the person was so delusional that he thought he did contact the police, but in actuality he was muttering something incoherantly to some Girl Scouts who wanted to sell him cookies (hey - they’re in uniform too!) or maybe he was so delusional that he thought he was being attacked by this person and not merely plotting, which to him made it self-defense.
That’s why I wanted to ask…
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