The People v. Burress

Defendant was convicted of arson following a bench trial and was placed upon probation for a period of three years. He appeals from the judgment of conviction only.

The theory of the defendant was that psychiatric testimony raised the issue of criminal responsibility, ch. 38, § 6-2, Ill. Rev. Stat. 1961, and that the prosecution thereafter failed to prove beyond a reasonable doubt that the defendant was criminally responsible. There is no issue of defendant’s capacity to “appreciate the criminality of his conduct”. The testimony is that he was of average or above inteHigence. It is urged,…