Cases on Criminal Law

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Augustin Derby
Bobbs-Merrill, 1923 - 825페이지
 

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298 페이지 - ... 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.
137 페이지 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...
713 페이지 - every person who shall commit the offence of larceny, by stealing in any building, shall be punished by imprisonment in the state prison not more than five years, or by fine not exceeding five hundred dollars, or imprisonment in the house of correction or county jail, not exceeding three years.
187 페이지 - A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.
547 페이지 - The killing of a human being, unless it is excusable or justifiable, is murder in the first degree, when committed, either 1. From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2.
479 페이지 - It is not the intention of the court to say, that no individual can be guilty of this crime, who has not appeared in arms against his country; on the contrary, if war be actually levied, that is, if a body of men be...
294 페이지 - What are the proper questions to be submitted to the jury when 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? "3rd. — 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 ? "4th.
106 페이지 - Being so in custody he filed a petition in the Supreme Court of the State for a writ of habeas corpus.
298 페이지 - As these two questions appear to us to be more conveniently answered together, we submit our opinion to be that the jury ought to be told in all cases that every man is 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.
294 페이지 - ... 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, according to the nature of the crime committed, if he knew at the time of committing such crime that he was acting contrary to law — by which expression we understand your lordships to mean the law of the land.

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