The Adjudged Cases on Insanity as a Defence to Crime: With NotesF.H. Thomas & Company, 1884 - 953 sider |
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Side 21
... jury upon the principles of law by which insanity is to be tested . To this action of the court , in so instructing the jury of its own motion , as well as to the doctrines therein laid down , the accused ex- cepted . In the first place ...
... jury upon the principles of law by which insanity is to be tested . To this action of the court , in so instructing the jury of its own motion , as well as to the doctrines therein laid down , the accused ex- cepted . In the first place ...
Side 23
... jury , if such was the fact , that irresistible impulse was relied upon as a defence , and stated the principles of law applicable to the case . In so doing , however , the instructions should have been so framed as not to create the ...
... jury , if such was the fact , that irresistible impulse was relied upon as a defence , and stated the principles of law applicable to the case . In so doing , however , the instructions should have been so framed as not to create the ...
Side 25
... jury the above proposition of law , and the court interrupted him , and stated that such was not a correct conclusion of law , and could not be argued to the jury as law . It will be perceived that the counsel proposed to argue before the ...
... jury the above proposition of law , and the court interrupted him , and stated that such was not a correct conclusion of law , and could not be argued to the jury as law . It will be perceived that the counsel proposed to argue before the ...
Side 52
... jury , upon the whole evidence , that the prisoner was responsible ; for the affirmative of the issue tendered by the indictment remained with the prosecution to the end of the trial.2 In the case of O'Connell v . People , above cited ...
... jury , upon the whole evidence , that the prisoner was responsible ; for the affirmative of the issue tendered by the indictment remained with the prosecution to the end of the trial.2 In the case of O'Connell v . People , above cited ...
Side 68
... jury , laid down another and a new test , which seems to be entirely inconsistent with the rule in Bellingham's Case , namely , that the jury must be satisfied , before they could acquit the prisoner on the ground of insanity , that he ...
... jury , laid down another and a new test , which seems to be entirely inconsistent with the rule in Bellingham's Case , namely , that the jury must be satisfied , before they could acquit the prisoner on the ground of insanity , that he ...
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Vanlige uttrykk og setninger
accused acquit affirmed alleged appear Attorney-General burden of proof cause charged the jury Chief Justice circumstances Cited commission committed the act common law Commonwealth condition considered convicted counsel criminal act deceased defence of insanity defendant defendant's delirium tremens dence distinguish between right doctrine drunk drunkenness error established excuse for crime existence fact ground of insanity guilty of murder Guiteau homicide incapable indictment insane delusion instructed the jury intoxication judge judgment killing laboring malice malice aforethought manslaughter mental disease monomania nature non compos mentis offence opinion Oyer and Terminer partial insanity party passion perpetrated person plaintiff in error plea of insanity presumed presumption of sanity prisoner prisoner's prosecution proved provocation punishment reasonable doubt responsible right and wrong right from wrong rule sane satisfied second degree sound mind sufficient Supreme Court testified testimony tion trial unsound verdict wife witness
Populære avsnitt
Side 221 - ... 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 laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Side 329 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction...
Side 756 - From a deliberate and premeditated design to effect the death of the person killed, or of another...
Side 157 - If the question were to be put as to the knowledge of the accused solely and exclusively with reference to the law of the land, it might tend to confound the jury, by inducing them to believe that an actual knowledge of the law of the land...
Side 515 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Side 318 - That there were such Creatures as Witches he made no doubt at all; For First, the Scriptures had affirmed so much. Secondly, The wisdom of all Nations had provided Laws against such Persons, which is an Argument of their confidence of such a Crime.
Side 172 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Side 156 - Lordships' inquiries are confined to those persons who labour under such partial delusions only, and are not in other respects insane, we are of opinion that, notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some public benefit, he is nevertheless punishable...
Side 870 - ... it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong. The mode of putting the latter part of the question to the jury on these occasions has generally been, whether the accused at the time of doing the act knew the difference between right and wrong...
Side 667 - No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.