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KIND v. STATE

No. 4990.

595 P.2d 960 (1979)

Thelma KIND, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

June 1, 1979.

Attorney(s) appearing for the Case

Gerald M. Gallivan, Director, Wyoming Defender Aid Program, and Kenneth M. Koski, Student Intern, Wyoming Defender Aid Program, Laramie, for appellant.

John J. Rooney, Atty. Gen. of Wyoming, and Daniel E. White, Asst. Atty. Gen. of Wyoming, Cheyenne, for appellee.

Before RAPER, C.J., McCLINTOCK, THOMAS and ROSE, JJ., and GUTHRIE, J., Ret.

THOMAS, Justice.

The primary issue in this case is concerned with the nature of the evidence a defendant in a criminal proceeding must present in order to require the issue of mental illness or deficiency to be decided by the jury. A second issue which we will resolve is, assuming that some such evidence is produced, can the State of Wyoming then rely upon the presumption of sanity in order to avoid a judgment of acquittal...

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