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STATE v. HARRIS

No. 10.

228 S.E.2d 424 (1976)

290 N.C. 718

STATE of North Carolina v. Joe Louis HARRIS.

Supreme Court of North Carolina.

October 5, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten and Associate Atty. Elizabeth C. Bunting, Raleigh, for the State.

W. Brian Howell, Raleigh, for defendant-appellant.

MOORE, Justice.

Defendant first attacks the North Carolina rule that places upon defendant the burden of proof on the defense of insanity. Defendant concedes in his brief that North Carolina has long adhered to the view that the defense of insanity is an affirmative defense which must be shown by the defendant to the satisfaction of the jury. See State v. Caddell, 287 N.C. 266, 215 S.E.2d 348

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