State v. Calkins

— Murl Calkins was informed against and tried in the district court in and for Shoshone County for the crime of murder. His defense was, that at the time of the alleged commission of the crime, he was insane. He was convicted of manslaughter and appeals.

It is strenuously, and we conclude, correctly, insisted the trial court committed reversible error by instructing the jury that

“The law presumes mental capacity and responsibility unless the fact is proved otherwise by a preponderance of the evidence. (Italics ours.) If you believe from the evidence that the defendant, at the time that he…