The adjudged cases on insanity as a defence to crime: with notes (Google eBook)

Front Cover
F.H. Thomas & co., 1884 - Insanity (Law) - 953 pages
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Contents

Moral Insanity Insanity must Directly Cause Crime to Excuse it Opin
108
Test of Insanity Understanding and WillBurden of Proof Reason
114
Moral Insanity New Trial on Ground of Newly Discovered Evidence
129
Moral Insanity Scott v Com 4 Mete Ky 227
140
Insane Delusion Responsibility Test of Insanity Burden of Proof
150
Insane Delusion Test of Insanity Burden of Proof Opinions of
158
Insane Delusion Instructions Intoxication Committed Intentionally
189
Acts of an Insane Person not 1unlshable
200
CHAPTER II
327
Burden of Proof on Prisoner Test Continuance of Insanity Declara
335
Bnrden of Proof Reasonable Doubt of Guilt State v Marler 2 Ala
346
Bnrden of Proof Right to Open and Close State v Fetter 32 la 49
371
Burden of Proof Presumption of Sanity Moral Insanity Drunkenness
379
Burden of Proof on Prisoner State v Lawrence 57 Me 574
386
Burden of Proof State v McCoy 34 Mo 531
408
Burden of Proof Intoxication Instructions as to Weight and Sufficiency
417
Burden of Proof Particular Right and Wrong Test New TrialCumu
424
Burden of ProofTest Plea of Not Guilty Bight to Open and Close
432
Burden of Proof Moral Insanity Evidence Attempt at Suicide
441
Burden of Proof Frenzy Arising from Anger or Jealousy Opinion
455
Burden of ProofDrunkenness Hereditary InsanityInsanity in Rela
463
Burden of Proof Test of Insanity Moral Insanity Cunningham v State
470
Burden of Proof Test of Insanity Wright v People 4 Neb 407
477
Burden of Proof on Prosecution People v McCann 16 N Y 58
490
Burden of Proof on Prosecution OConnell v People 87 N Y 377
499
NOTES
513
CHAPTER III
533
Voluntary Drunkenness does not Mitigate Crime Shannahan v Com 8
557
Intoxication Degrees of Murder Jones v Com 75 Pa St 403
638
Drunkenness Degrees of Murder Deliberation Premeditation Cart
652
Drunkenness Degrees of Murder Need not be Excessive to bean
658
Intoxication Degrees of Murder Jlopt v People 104 U S 631
667
Drunkenness may Reduce Grade of Crime Blimm v Com 7 Bush 320
675
Drunkenness Admissible on Question of Intent State v Bell 29 la 316
682
Intoxication Intent Larceny Instructions People v Cummins 47
695
Voting Twice at ElectionIntentDrunkenness Relevant People v
701
Intoxication Relevant on Question of Intent and Malice Kelly Little
706
Intoxication Relevant on Capacity to Commit Larceny Ingalls v State
712
Drunkenness Passing Counterfeit Bill Knowledge Pigman v State 14
720
NOTES
727
Drunkenness 533768
768
CHAPTER IV
769
Somnambulism Homicide Responsibility for Unconscious Act Fain v
782
CHAPTER V
785
Evidence Acts and Declarations of Prisoner Insanity must Exist at time
797
Right of Jury to Consider Prisoners Appearance on the Trial Sowdcn v
807
Evidence of Acts Showing Sanity U S v Shults
813
Hereditary Insanity Evidence must be Notorious State v Christmat 6
820
Evidence Mental Condition of Relatives I lagan v State 6 Baxt 615
833
Charge Must be Specially Directed to Defence Made Delirium Tremens
845
CHAPTER VI
881
Insanity at Trial Inquiry Burden of Proof Right to Open and Close
897
Insanity at Trial ProcedureRight of Prisoner to Waive Question
901
Insanity at Time of Trial Issue Evidence Plea of Not Guilty People
909
NOTES
916

Common terms and phrases

Popular passages

Page 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.
Page 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...
Page 756 - From a deliberate and premeditated design to effect the death of the person killed, or of another...
Page 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...
Page 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.
Page 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.
Page 172 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 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...
Page 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...
Page 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.

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