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STATE v. HUMPHRIES

Nos. 76-1150 and 76-1318.

51 Ohio St. 2d 95 (1977)

THE STATE OF OHIO, APPELLEE, v. HUMPHRIES, APPELLANT. THE STATE OF OHIO, APPELLANT v. MEYER, APPELLEE.

Supreme Court of Ohio.

Decided July 20, 1977.

Attorney(s) appearing for the Case

Messrs. Tyack, Scott, Grossman & Wiseman and Mr. G. Gary Tyack, for appellant Humphries.

Mr. James A. Berry, prosecuting attorney, and Mr. James N. Griffin, for appellant state of Ohio.

Mr. George C. Smith, prosecuting attorney, and Mr. Alan C. Travis, for appellee state of Ohio.

Messrs. Acton, Dunn Busch & Flack and Mr. Edward W. Dunn, for appellee Meyer.

SWEENEY, J.

In Ohio, the common-law rule has been that in a criminal case the defendant has the burden of proving the affirmative defense of insanity by a preponderance of the evidence to overcome the presumption that he is sane.1

However, effective January 1, 1974, R. C. 2901.05 was enacted, which reads in part:

"(A) Every person accused of an offense is presumed innocent...

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