California, United States of America
The following excerpt is from People v. Mills, 147 Cal.Rptr.3d 833, 286 P.3d 754, 55 Cal.4th 663 (Cal. 2012):
id. at p. 355, 202 P.2d 53; cf. People v. Deloney (1953) 41 Cal.2d 832, 841842, 264 P.2d 532 [former 1105 (now 189.5) declares only a rule of procedure as to defendant's burden of going forward with evidence mitigating murder to manslaughter, and has no proper place in jury instructions].) An instruction on the presumption of sanity only complicates matters at the guilt phase by injecting the subject of sanity before it is at issue.13
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