Leading Cases Simplified: A Collection of the Leading Cases in Criminal Law

F.H. Thomas, 1884 - 327 ページ


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7 ページ - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
7 ページ - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime ? or his opinion whether the prisoner was conscious at the time of doing the act, that he was acting contrary to law, or whether he was laboring under any and what delusion at the time?
10 ページ - On the contrary, although he may be laboring •under partial insanity, if he still understands the nature and character of his act, and its consequences; if he has a knowledge that it is wrong and criminal, and a mental power sufficient to apply that knowledge to his own case, and to know that, if he does the act, lie will do wrong and receive punishment; such partial insanity is not sufficient to exempt him from responsibility for criminal acts.
10 ページ - In order to be responsible he must have sufficient power of memory to recollect the relation in which he stands to others, and in which others stand to him; that the act he is doing is contrary to the plain dictates of justice and right, injurious to others, and a violation of the dictates of duty.
7 ページ - 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-defense, he would be exempt from punishment.
254 ページ - When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony...
9 ページ - In order to constitute a crime, a person must have intelligence and capacity enough to have a criminal intent and purpose ; and if his reason and mental powers are either so deficient that he has no will, no consicence or controlling mental power, or if. through the overwhelming violence of mental disease, his intellectual power is for the time obliterated, he is not a responsible moral agent, and is not punishable for criminal acts.
11 ページ - ... it is not every kind of frantic humor or something unaccountable in a man's actions that points him out to be such a madman as is to be exempted from punishment; it must be a man that is totally deprived of his understanding and memory, and doth not know what he is doing, no more than an infant, than a brute, or a wild beast...
41 ページ - It is not murder if Z is a beggar, who has no other claim on A than that of humanity. A omits to tell Z that a river is swollen so high that Z cannot safely attempt to ford it, and by this omission voluntarily causes Z's death.
6 ページ - 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 avenging some supposed grievance or injury, or of producing some supposed public benefit.