State v. Ellingwood

NICHOLS, Justice.

The Defendant, Sonny E. Ellingwood, appeals from his judgment of conviction of criminal homicide (17-A M.R.S.A. § 202), 1 dated November 6, 1978, following a jury-waived trial in Superior Court in Penobscot County on July 10, 1978.

On this appeal he asserts (1) that it was violative of his constitutional rights to place upon him the burden of proof of lack of criminal responsibility pursuant to 17-A M.R.S.A. § 58(3); 2 (2) that the evidence required a finding of lack of criminal responsibility as defined in 17-A M.R.S.A. § 58(1) and (2) as a matter of law; and (3) the evidence…