Commonwealth v. Boyer

Opinion by

Jacobs, J.,

On January 9, 1973, appellant, Robert V. Boyer, was found guilty after a jury trial of prison breach. A sentence of 1-2 years of imprisonment was imposed but no direct appeal was taken. This appeal followed the lower court’s dismissal of appellant’s Post Conviction Hearing Act1 Petition after a hearing was held. We affirm the order of the court below.

*344The first issue raised by appellant is whether the lower court erred in its charge to the jury on the defense of insanity. The lower court in its charge stated:

“The defendant has the burden of proving an insanity defense by a…