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STATE v. THOMAS

No. 1599-1.

8 Wn. App. 495 (1973)

507 P.2d 153

THE STATE OF WASHINGTON, Respondent, v. WILLIAM HENRY THOMAS, Appellant.

The Court of Appeals of Washington, Division One — Panel 1.

March 5, 1973.

Attorney(s) appearing for the Case

John M. Darrah and John A. Strait, for appellant.

Christopher T. Bayley, Prosecuting Attorney, and Brendan D. Lynch, Deputy, for respondent.

JAMES, J.

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...

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