Commonwealth v. Reilly

*552OPINION

NIX, Chief Justice.

The issue presented in this appeal is whether section 315 of the Pennsylvania Crimes Code, 18 Pa.C.S. § 315,1 which places the burden of proving insanity upon the criminal defendant by a preponderance of the evidence, violates Article I, section 9 of the Pennsylvania Constitution, which assures all persons due process of law. Despite the requirement that the prosecution prove each element of the crime charged, we do not believe that section 315 improperly places the burden upon the defendant to prove an element of the offense; and thus we reject appellant’s attack…