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COM. v. SOHMER

519 Pa. 200 (1988)

546 A.2d 601

COMMONWEALTH of Pennsylvania, Appellee, v. David L. SOHMER, Appellant.

Supreme Court of Pennsylvania.

Decided August 10, 1988.

Attorney(s) appearing for the Case

George E. Lepley, Jr., W. David Marcello, Williamsport, Philadelphia, for appellant.

Leonard N. Sosnov, John W. Packel, Philadelphia, for amicus curiae P.D. of Philadelphia.

Brett O. Feese, Kenneth A. Osokow, Williamsport, for appellee.

Robert A. Graci, Chief Deputy Atty. Gen., Harrisburg, for amicus curiae Atty. Gen., of Pennsylvania.

George S. Leone, Asst. Dist. Atty., Gaele McLaughlin Barthold, Deputy Dist. Atty., Ronald Eisenberg, Chief, Appeals Div., Philadelphia, for amicus curiae D.A. of Philadelphia.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA PAPADAKOS and STOUT, JJ.

OPINION

NIX, Chief Justice.

The issues raised in this appeal require us to determine, under subsection 314(a) of the Crimes Code, 18 Pa.C.S. § 314(a), whether there must be an assignment of the burden of proof, and if such an assignment is required, who possesses that burden of proving the offender was mentally ill at the time of the offense. We are also called upon to determine the measure of proof required to sustain such a finding. Because of the...

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