Exonerative Insanity |
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acquit adulterer asylum Auburn Auburn prison beer believe body brain call your attention capital punishment cause certainly character charge circumstances cite common law condition consciousness consider consideration convictions corpus delicti counsel court of appeals court will instruct crime criminal death deed defense degree delusions desire district attorney doctrine duty element entertain evidence excitement fact feelings fit the lock flagrante delicto gentlemen guilty heart Henry Maudsley homicide human humble insanity intelligent Joseph Burroughs judgment jury justice justifiable homicide killing Kings County labor liquor little girl malice aforethought man's Maudsley ment mind moral murder never night opinion Oyer and Terminer person possession premeditated present prisoner is entitled prisoner's wife prosecution punishment question reasonable doubt regard relations responsible right and wrong sane sanity shooting sideration Simmons simulation sion stand statute story suppose Taylor theory things tion transaction trial verdict William Simmons witness woman
Popular passages
Page 15 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they can not say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 57 - When perpetrated in committing the crime of arson in the first degree, such killing, unless it be murder in the first degree, or manslaughter, or excusable or justifiable homicide, as hereinafter provided, or when perpetrated without any design to effect death, by a person engaged in the commission of any felony, shall be murder in the second degree.
Page 57 - Cr., 355. There must be a deliberate and premeditated design to effect death, distinguishable from a suddenly formed intention without deliberation and premeditation.
Page 10 - ... infancy itself spontaneously pleads the want of bad intent in justification of what has the appearance of wrong, with the utmost confidence that the plea, if its truth is credited, will be accepted as good. Now these facts are only the voice of Nature uttering one of her immutable truths. It is, then, the doctrine of the law, superior to all other doctrines, because first in nature from which the law itself proceeds, that no man is to be punished as a criminal unless his intent is wrong.
Page 24 - Oh, when shall Spring its rage control? When shall the Snowdrop blossom there? Cold gleams of comfort sometimes dart A dawn of glory on my heart, But quickly pass away: Thus northern lights the gloom adorn, And give the promise of a morn That never turns to day!
Page 22 - In MacFarland's case, tried in 1870, Recorder Hackett, of New York, charged the jury that "sanity is the state in which a man knows the act he is committing to be unlawful and morally wrong, and has reason sufficient to apply such knowledge, and to be controlled by it.
Page 18 - And whose act can, at his own pleasure, be in conformity with the action of all these qualities. All these things unite to make sanity — the absence of any one of them makes insanity.
Page 11 - When perpetrated from a premeditated design to effect the death of the person killed, or of any human being. 2. When perpetrated by any act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual.
Page 24 - All to thee their tribute bring, Exhale their incense at thy shrine, — Their hues, their odours all are thine! For while thy humble form I view, The Muse's keen prophetic sight Brings fair Futurity to light, And Fancy's magic makes the vision true. — There is a Winter in my soul, The Winter of despair ; Oh ! when shall Spring its rage control ? When shall the SNOW-DROP blossom there...
Page 13 - notwithstanding the legal presumption, the sanity of the prisoner's mind is, under all the definitions of the crime, to be made out affirmatively upon the trial as a part of the case for the prosecution.