Kind v. State

THOMAS, Justice.

The primary issue in this case is concerned with the nature of the evidence a defendant in a criminal proceeding must present in order to require the issue of mental illness or deficiency to be decided by *961the jury. A second issue which we will resolve is, assuming that some such evidence is produced, can the State of Wyoming then rely upon the presumption of sanity in order to avoid a judgment of acquittal? In this case the district court refused to submit the issue of mental illness or deficiency to the jury. We find that the defendant did introduce sufficient evidence to…