Questions and Answers on Law: Alphabetically Arranged. With References to the Most Approved Authorities, Volum 5

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Cornish, Lamport & Company, 1852

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Side 144 - 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 144 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable.
Side 117 - ... upon any agreement that is not to be performed within the space of one year from the making thereof ; unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Side 140 - To which question the answer must, of course, depend on the nature of the delusion: but, making the same assumption as we did before, namely, that he labours under such partial delusion only, and is not in other respects insane, we think he must be considered in the same situation as to responsibility...
Side 120 - October 1828, or on one or other of the days of that month, or of...
Side 145 - Lordships, that we think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But where the facts are admitted or not disputed, and the question becomes substantially one of science only, it...
Side 143 - What are the proper questions to be submitted to the jury where a person • alleged to be afflicted with insane delusion respecting one or more particular subjects or persons, is charged' with the commission of a crime (murder, for example) and insanity is set up as a defence 1" And, thirdly : " In what terms ought the question to be left to the jury as to the prisoner's state of mind at the time when the act was committed...
Side 143 - ... 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 of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Side 138 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Side 144 - In answer thereto, we state to your lordships, that we think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide ; and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But, where the facts are admitted, or not disputed...

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