Trial of Charles B. Huntington for Forgery: Principal Defence Insanity

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J.S. Voorhies, 1857 - 480페이지
 

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430 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 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.
289 페이지 - Indenture witnesseth, that the said party of the first part, in consideration of the premises, and of the sum of one dollar, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged...
430 페이지 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons : as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but 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 supposed public benefit?
260 페이지 - 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?" 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?
469 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.
107 페이지 - Hamlet wrong'd Laertes ? Never Hamlet : If Hamlet from himself be ta'en away, And, when he's not himself, does wrong Laertes, Then Hamlet does it not, Hamlet denies it. Who does it then ? His madness ; if 't be so, Hamlet is of the faction that is wrong'd ; His madness is poor Hamlet's enemy.
430 페이지 - 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 is proved...
431 페이지 - ... he must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real. For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in self-defence, he would be exempt from punishment.
430 페이지 - Lordships' inquiries are confined to those persons who labor 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 according to the nature of the crime committed, if he knew...
287 페이지 - Witnesseth: — That the said party of the first part in consideration of the sum of One dollar to him in hand paid...

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