State v. King

FELDMAN, Vice Chief Justice.

The jury convicted Frederick King (defendant) of the first degree murder of Pearline Brisby and of the attempted first degree murder of Linda Outright. Defendant appeals from the judgments of guilt and the sentences imposed. We discuss the issue of whether the trial court committed fundamental error in its instructions to the jury with respect to defendant’s burden of proof on the insanity defense. We have jurisdiction under Ariz. Const, art. 6, § 5(3) and A.R.S. §§ 13-4031 and -4033. We reverse.

FACTS

Defendant and Brisby had been involved in a long-term…