| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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... | |
| 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... | |
| 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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