§ 1

Ind. Code § 35-41-4-1

Standard of proof; insanity defense

  1. (a) A person may be convicted of an offense only if his guilt is proved beyond a reasonable doubt.

  2. (b) Notwithstanding subsection (a), the burden of proof is on the defendant to establish the defense of insanity ( IC 35-41-3-6 ) by a preponderance of the evidence.

    As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.16; Acts 1978, P.L.145, SEC.9.

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