Commonwealth v. Sohmer

OPINION

NIX, Chief Justice.

The issues raised in this appeal require us to determine, under subsection 314(a) of the Crimes Code, 18 Pa.C.S. § 314(a), whether there must be an assignment of the burden of proof, and if such an assignment is required, who possesses that burden of proving the offender was mentally ill at the time of the offense. We are also called upon to determine the measure of proof required to sustain such a finding. Because of the importance of these questions, we granted review. For the reasons that follow, we affirm the conviction of guilt but remand the matter to the trial…