GIVAN, Chief Justice.
On September 27, 1979, a jury found the appellant guilty of murder. Appellant challenges the court's final instructions five and six which instructed the jury that a defendant in a criminal prosecution who pleads not guilty by reason of insanity has the burden of proving his insanity by a preponderance of the evidence.
Instruction number five set out I.C. 35-41-4-1 verbatim:
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