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" ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality... "
The Indian Penal Code: And Other Acts of the Governor-general Relating to ... - Side 33
av India - 1898 - 1094 sider
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Outlines of Lectures on the Nature, Causes, and Treatment of Insanity

Sir Alexander Morison - 1848 - 600 sider
...ground of insanity, it must be clearly proved that the accused party, at the time of committing the act, was labouring under such a defect of reason from disease...or if he did know it, that he did not know he was doing wrong. So that the question for the jury is this simple one, — had the individual accused a...
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The mystery of murder, and its defence [first appeared in the Law review for ...

Samuel Warren - 1855 - 520 sider
...you, in each and every one of these cases, have declared, upon your oath, that you believed Oxford was " labouring under such a defect of reason, from...or, if he did know it, that he did not know he was doing wrong ? " * We entreat you to forget altogether the enormity of the offence imputed to Oxford...
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The Law Magazine Or Quarterly Review of Jurisprudence, Volum 55

1856 - 206 sider
...must be clearly shown that, at the time of the committing the act charged in the indictment, the party accused was "labouring under such a defect of reason,...that he did not know he was doing what was wrong." If the accused was conscious that the act in question was one which he ought not to do, and if that...
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The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Volum 3

1857 - 386 sider
...ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason,...or, if he did know it, that he did not know he was doing what waa wrong. "The mode of putting the question to the jury on these occasions has generally...
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A Handy Book on Criminal Law: Applicable Chiefly to Commercial Transactions

William Campbell Sleigh - 1858 - 184 sider
...ground of insanity, it must be clearly proved, that at the time of the committing of the act, the party accused was labouring under such a defect of reason...that he did not know he was doing what was wrong." It only remains for me to remark, that intoxication is no excuse for the commission of crime. If, therefore,...
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The Journal of Jurisprudence, Volum 7

1863 - 756 sider
...the ground of insanity, it must be clearly proved that, at the time of committing the act, the party accused was labouring under such a defect of reason...that he did not know he was doing what was wrong; and, (3) that if a person under the influence of an insane delusion as to existing facts commits an...
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Lectures on Mental Diseases

William Henry Octavius Sankey - 1866 - 344 sider
...cases, " it must be proved that the accused at the time of committing the act for which he is on trial was labouring under such a defect of reason, from...that he did not know he was doing what was wrong." Now, all these modes of determining the question of the existence of mental disease are, and have always...
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Medical Times, Volum 2

1871 - 868 sider
...principle that every man must be taken conclusively to know it, without proof that he does know it ; but if the accused was labouring under such a defect of reason...or if he did know it, that he did not know he was doing wrong, that is such a degree and quality of insanity as alone will relieve a person from criminal...
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The Dublin Journal of Medical Science, Volum 55

1873 - 702 sider
...The legal test of insanity, when urged as a plea of innocence in criminal cases, is the proof that " the accused was labouring under such a defect of reason,...that he did not know he was doing what was wrong." But this test is untrustworthy. There are, of course, lunatics in whom the moral sense is blunt or...
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The Institutes of English Public Law: Embracing an Outline of General ...

David Nasmith - 1873 - 552 sider
...ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason,...that he did not know he was doing what was wrong.'* Dementia affectata, produced by the vice of drunkenness, does not excuse the commission of any crime.5...
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