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" ... to establish a defense 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... "
HANDBOOK ON THE LAW OF PERSONS AND DOMESTIC RELATIONS (YEAR 1921) - Σελίδα 540
των WALTER C. TIFFANY - 1921
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

Transactions of the Albany Institute, Τόμος 10

Albany Institute - 1883 - 402 σελίδες
...received in substance the following answer : " The jury ought to be told in all cases that every man is presumed to be sane, and to possess a sufficient degree...the ground of insanity, it must be clearly proved that, at the time of committing the act, the party accused was laboring under such a defect of reason...

The Cincinnati Lancet & Observer, Τόμος 19;Τόμος 37

1876 - 1164 σελίδες
...of stare decisis to its fullest extent. The rule laid down by the judges in the McNaughten case was, that to establish a defense on the ground of insanity, it must be clearly proven that at the time of committing the act the accused was laboring under such a defect of reason,...

Transactions, Τόμος 6

Homœopathic Medical Society of the State of New York - 1868 - 818 σελίδες
...presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crime, until the contrary be proved to their satisfaction;...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...

Transactions, Τόμος 6

Homœopathic Medical Society of the State of New York - 1868 - 818 σελίδες
...presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crime, until the contrary be proved to their satisfaction;...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...

Albany Law Journal, Τόμος 1

1870 - 546 σελίδες
...we have to 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...the ground of insanity, it must be clearly proved, that, at the time of committing the act, the party accused was laboring under such a defect of reason,...

The Penal Code of California, Τόμος 4

California - 1872 - 698 σελίδες
...questions propounded by the House of Lords to the Judges, cited in Roscoe's Cr. Ev., p. 953, he says: "That to establish a defense on the ground of insanity, it must be clearly proved that, at the time of committing the act, the party accused was laboring under such a defect of reason,...

The Popular Science Monthly, Τόμος 36

1890 - 900 σελίδες
...the House of Lords during the groundswell of the McNaghten case. The gist of these answers runs : " That to establish a defense on the ground of insanity, it must be clearly proved that at the time of committing the act the accused was laboring under such a defect of reason from...

Mississippi State Cases: Being Criminal Cases Decided in the High ..., Τόμος 2

1872 - 954 σελίδες
...work the acquittal of the party on the ground of insanity. Accordingly, it is laid down, that in order to establish a defense on the ground of insanity, it must be clearly proved.1 2 Greenl. Ev., § 373. The instruction, therefore, though somewhat objectionable in its phraseology,...

The Penal Code of the State of California

California - 1874 - 712 σελίδες
...questions propounded by the House of Lords to the Judges, cited in Roscoe's Cr. Ev., p. 933, he says: "That to establish a defense on the ground of insanity, it must be clearly proved that, at the time of committing the act, the party accused was laboring under such a defect of reason,...

The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Τόμος 8

1874 - 450 σελίδες
...killing his wife. The defense interposed was insanity. The judge among other things charged the jury, that "to establish a defense on the ground of insanity, it must be clearly proved that at the timo of committing the act (the subject of the indictment), the party accused was laboring...




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