STATE v. CALDWELL

No. 12.

237 S.E.2d 742 (1977)

293 N.C. 336

STATE of North Carolina v. Roger Lee CALDWELL.

Supreme Court of North Carolina.

October 11, 1977.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by James Wallace, Jr., Asst. Atty. Gen., Raleigh, for the State of North Carolina.

C. Gary Triggs, Morganton, for defendant-appellant.


HUSKINS, Justice:

Defendant contends the trial court erred by placing upon him the burden of proving to the satisfaction of the jury that he was insane at the time of the offense. This constitutes his first assignment of error.

In this jurisdiction insanity is an affirmative defense which must be proved to the satisfaction of the jury by every accused who pleads it. "Since soundness of mind is the natural and normal condition of men, everyone is presumed to...

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