Opinion
No. 82-019
Decided June 11, 1982
Appeal and Error — Affirmance — Grounds The decision of the supreme court in Novosel v. Helgemoe, 118 N.H. 115 (1978), that sanity should not be treated as an element of crime to be proved by the State beyond a reasonable doubt, but that insanity should be an affirmative defense to be proved by the defendant by a preponderance of the evidence would not be reexamined and conviction of defendant found to be sane and guilty of kidnapping and aggravated felonious sexual assault would be affirmed.
Gregory H. Smith, attorney general (Michael A. Pignatelli, assistant attorney general, on the brief), by brief for the State.
James E. Duggan, of Concord, appellate defender, by brief for the defendant.
MEMORANDUM OPINION
Defendant asserts that this court erred in the case of Novosel v. Helgemoe, 118 N.H. 115, 384 A.2d 124 (1978), when it concluded that sanity should not be treated as an element of crime to be proved by the State beyond a reasonable doubt, but that insanity should be an affirmative defense to be proved by the defendant by a preponderance of the evidence. Id. at 126-27, 384 A.2d at 130-31. The jury in this case found the defendant to be sane and convicted him of kidnapping and aggravated felonious sexual assault. After sentencing by Contas, J., defendant brought this appeal, asserting that only the legislature could make the insanity defense an affirmative one.
We see no reason to reexamine our holding in Novosel.
Affirmed.