Fabert

Defendant, Jean Fabert, appeals from a judgment entered on a jury verdict after her second trial finding her guilty of voluntary manslaughter (Pen. Code, § 192, subd. 1) with the use of a firearm (Pen. Code, § 12022.5) of her fourth husband, Anthony Fabert. Her major contention on appeal is that her constitutional right against self-incrimination was violated by the admission of evidence that she requested an attorney after she had been advised of her rights (Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]). As we agree that the admission of the evidence was prejudicial, the judgment must be reversed.

On the morning of August 13, 1978, defendant fatally shot her husband. Although she had no recollection of the shooting, it was undisputed that she committed the homicide.

Defendant adduced the testimony of two psychiatrists, Dr. Harris and Dr. Oldden. Both opined that all of her life, defendant had suffered from a diagnosable mental illness, a “hysterical personality.” Both experts agreed that hysterical personalities were prone to “dissociative reaction,” which meant a loss of all consciousness of what they are doing. Both…