State v. Thomas

Defendant William Henry Thomas was convicted of murder in the second degree. At trial his sole defense was “criminal insanity.” RCW 10.76.010. On appeal his sole assignment of error concerns the trial judge’s instruction which defined his burden in proving his defense. The instruction in pertinent part is as follows:

If the defendant is to be acquitted upon his plea of mental irresponsibility or insanity, the burden of proof is on the defense to satisfy you by a preponderance of the evidence that at the time the alleged acts were said to have been committed, his mind was diseased to such an…