State v. Harris

MOORE, Justice.

Defendant first attacks the North Carolina rule that places upon defendant the burden of proof on the defense of insanity. Defendant concedes in his brief that North Carolina has long adhered to the view that the defense of insanity is an affirmative defense which must be shown by the defendant to the satisfaction of the jury. See State v. Caddell, 287 N.C. 266, 215 S.E. 2d 348 (1975); State v. Cooper, 286 N.C. 549, 213 S.E. 2d 305 (1975), and cases cited therein. He contends, however, that this is error because of the decision of the United States Supreme Court in Mullaney v.…