People v. Burnett

Defendant was convicted, after jury trial, of 1st degree murder and vehicular hijacking. Court erred when it refused to instruct jury as to an insanity defense. On remand Defendant should be allowed to voir dire prospective jurors as to insanity, and present relevant admissible evidence as to the defense. There was sufficient evidence to place Defendant's sanity before jury. Double jeopardy will not bar retrial, as all evidence submitted at original trial is sufficient to establish Defendant's guilt.(CUNNINGHAM and ROCHFORD, concurring.)