State v. Toth

I

In his first proposition of law, the appellant contends that: (1) the trial court erred in instructing the jury that the appellant had the burden of proving insanity and disabling intoxication by a preponderance of the evidence; (2) the appellant’s failure to object to such instruction did not automatically prevent him from raising the error on appeal, where the error critically affected his substantial rights; and (3) the charge to the jury imposing upon the appellant the burden of proving insanity and intoxication or drug influence by a preponderance of the evidence deprived him of due…