Lewis v. People

J. Robert Miller, District Judge, *

delivered the opinion of the Court.

The defendant, Glenn W. Lewis, was charged with the crime of theft by deception in violation of 1967 Perm. Supp., C.R.S. 1963, 40-5-2(1) (b), in obtaining $120 from the First National Bank of Glenwood Springs, Colorado. The defendant pleaded not guilty and not guilty by reason of insanity. The first trial on the issue of the defendant’s sanity was declared a mistrial on the grounds that the burden was incorrectly placed upon the defendant to prove himself insane, rather than upon the prosecution to prove his sanity. A…