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PEOPLE v. THOMSON

No. 27838.

591 P.2d 1031 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Thomas THOMSON, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

March 12, 1979.

Attorney(s) appearing for the Case

Alexander M. Hunter, Dist. Atty., C. Phillip Miller, Chief Deputy Dist. Atty., Boulder, for plaintiff-appellant.

J. Gregory Walta, Colo. State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Denver, G. Paul McCormick, Deputy State Public Defender, Boulder, for defendant-appellee.

HODGES, Chief Justice.

Defendant Thomson entered a plea of not guilty by reason of insanity to several charges arising from a shooting incident. The issue of his sanity was tried to a jury. Over the district attorney's objection, the trial judge gave the jury the following informational instruction, which had been requested by the defendant:

"If a defendant is found not guilty by reason of insanity, it is the duty of the Court to commit the Defendant to the...

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