Lewis v. State

Appellant Lewis was indicted and convicted for rape in the first degree in violation of Alabama Code Section 13A-6-61 (1975). Sentence was thirty years' imprisonment. Two issues are presented on appeal.

I

Our review of the record convinces this Court that Lewis' defense that he was insane at the time of the crime was not established by overwhelming and uncontradicted evidence which entitled Lewis to an affirmative charge. The legal principles governing the burden and sufficiency of proof of insanity are collected and restated in Cunningham v. State, 426 So.2d 484 (Ala.Cr.App. 1982). In that…