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" I can think of is this; such a person as labouring under melancholy distempers hath yet ordinarily as great understanding, as ordinarily a child of fourteen years hath, is such a person as may be guilty of treason or felony. "
Appletons' Annual Cyclopaedia and Register of Important Events - Side 430
1882
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A Full Inquiry Into the Subject of Suicide: To which are Added (as Being ...

Charles Moore - 1790 - 472 sider
...kind. c the the .following rule. " That a perfoir, who, labouring under melancholy dif*'. tempers, has yet ordinarily as great understanding as ordinarily a child of " fourteen years hath, is fuch a perfon as may be guilty of treafon or felony:" — becaufe a child of that age would be punifhable...
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Cobbett's Complete Collection of State Trials and Proceedings for High ...

Thomas Bayly Howell, Thomas Jones Howell - 1818 - 748 sider
...best measure that lean think of is this: such a person as, labouring under melancholy distempers bath yet, ordinarily, as great understanding, as ordinarily...person as may be guilty of treason or felony." In another passage, this author proceeds to state : " Now, touching the trial of this incapacity, and...
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The North American Review, Volum 79

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - 1854 - 580 sider
...memory and understanding, if he would be excused on the ground of insanity. And Lord Hale says : " Such a person as, laboring under melancholy distempers,...such a person as may be guilty of treason or felony." More recently the power to distinguish right from wrong has been given by judges as the test of criminal...
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A Treatise on Crimes and Misdemeanors, Volum 1

William Oldnall Russell - 1824 - 594 sider
...And he concludes by saying, " the best measure I can think of is this : such a person as labouring under melancholy distempers, hath yet ordinarily as...such a person as may be guilty of treason or felony (o).M Cases. ^ ^1' De proper to mention some of the cases which have been decided upon this difficult...
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A Treatise on Crimes and Indictable Misdemeanors, Volum 1

William Oldnall Russell - 1826 - 780 sider
...And he concludes by saying, " the best " measure 1 can think of is this : such a person as, labouring under " melancholy distempers, hath yet ordinarily...a person as " may be guilty of treason or felony." (p) It will be proper to mention some of the cases which have been decided upon this difficult and...
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The American Jurist and Law Magazine, Volum 14

1836 - 522 sider
...strikingly exhibited in the test of responsibility offered by no less a man than Lord Hale, viz. ' Such a person as, laboring under melancholy distempers,...such a person as may be guilty of treason or felony.' l This preposterous test is based upon the belief, that the difference between sanity and insanity...
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Summary of the Law Relative to Pleading and Evidence in Criminal Cases: With ...

John Frederick Archbold - 1831 - 624 sider
...to great crimes. He concludes, by suggesting as the best measure, that such a person as, labouring under melancholy distempers, hath yet ordinarily as...child of fourteen years hath, is such a person as can be guilty of treason and felony. 1 Hale, 30, 412. Upon this subject many cases have been decided,...
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York Castle in the Nineteenth Century: Being an Account of All the Principal ...

William Leman Rede, Leman Thomas Rede - 1831 - 756 sider
...offences. Lord Hale's rule was, " That one who labouring under melancholy distempers, had yet as great an understanding as ordinarily a child of fourteen years...such a person as may be guilty of treason or felony." Many cases of importance have occurred, in which the defence of insanity has been set up, but seldom...
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A Practical Treatise on the Law Concerning Lunatics, Idiots, and Persons of ...

Leonard Shelford - 1833 - 964 sider
...crimes: and the same learned judge adds, " that the best measure is this — such a person as labouring under melancholy distempers hath yet ordinarily as...such a person as may be guilty of treason or felony (g)." The law recognises partial insanity; and, in civil cases, this partial insanity, if existing...
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The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ...

Oliver Lorenzo Barbour - 1841 - 834 sider
...great an indulgence given to great crimes." He concludes by suggesting the following test, viz. that such a person as, laboring under melancholy distempers, hath yet ordinarily as great understanding as an ordinary child of fourteen hath, is such a person as can be guilty of treason and felony.(g') In...
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