 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1870 - 616 σελίδες
...put by Judge BREWSTER in Commonwealth v. Haskell (See 4 Am. Law Rev. 240), thus: "that the true test lies in the word, power. Has the defendant in a criminal...power to adhere to the right and to avoid the wrong? Has the defendant, in addition to the capacities mentioned, the power to govern his mind, his body,... | |
 | 1873 - 532 σελίδες
...cited by Fisher, approves the charge of the judge in Haskell's case, where he says : ',' The true test lies in the word power. Has the defendant in a criminal...from wrong, and the power to adhere to the right and avoid the terong f " Fisher on Insanity, p. 83. The question of sanity has usually been presented upon... | |
 | 1888 - 564 σελίδες
...to exempt him from responsibility for criminal acts. He is then not insane. The true test is this: Has the defendant in a criminal case the power to...from wrong, and the power to adhere to the right and avoid the wrong? Has the defendant, in addition to this, the power to govern his mind, his body and... | |
 | Isaac Ray - 1871 - 658 σελίδες
...case, the court said : " The true test [of responsibility] lies in the word, power. Has the defendant the power to distinguish right from wrong, and the...power to adhere to the right and to avoid the wrong ? " 6 On the contrary, Chief Justice Hornblower, of New Jersey, echoes the doctrine of the English... | |
 | United States. Supreme Court - 1873 - 740 σελίδες
...cited by Fisher,f approves the charge of the judge in Haskell's case, where he says: " The true test lies in the word power. Has the defendant in a criminal...from wrong, and the power to adhere to the right and avoid the wrong t" The question of sanity has usually been presented upon the validity of an agreement,... | |
 | 1873 - 960 σελίδες
...cited by Fisher, approves the charge of the judge in Haskell's case, where he says : " The true test lies in the word power. Has the defendant in a criminal...the power to distinguish right from wrong, and the poiver to adhere to the right and avoid the wrong?" — (Fisher on Insanity, p. 83.) The question of... | |
 | 1875 - 244 σελίδες
...commission of the act." He then quotes from Judge Brewster, " that the true test lies in the will-power. Has the defendant in a criminal case, the power to...from wrong, and the power to adhere to the right and avoid the wrong ? Has the defendant, in addition to the capacities mentioned, the power to govern his... | |
 | Charles Hamilton Hughes - 1884 - 788 σελίδες
...(H. Denio, 27), and Judge Brewster, of the Phila. Common Pleas, in 1868, who held that the true test lies in the word " power." " Has the defendant in...from wrong, and the power to adhere to the right and avoid the wrong?" (Wharton and Stille, $ 159)Shaw, CJ, in Commonwealth vs. Rogers (Bennett and Heard,... | |
 | Joseph W. Donovan - 1881 - 710 σελίδες
...the case of Stevens v. The State and Bradley v. The State may be summed up in a single sentence: " Has the defendant in a criminal case the power to distinguish right from wrong and the mental power to adhere to the right and avoid the wrong?" First, insanity may be said to directly affect... | |
 | Medico-Legal Society, Medico-Legal Society of New York - 1886 - 628 σελίδες
...justice and scientific accuracy. They arc expressed in the words following : " The true test in all cases lies in the word power. Has the defendant in...from wrong, and the power to adhere to the right and avoid the wrong?" (Vid, Stevsns vs. State, 31 Indiana, 485, and State vs. Ft Her, 25 Iowa, 67.) After... | |
| |
The true test lies in the word ' power.' Has the defendant in a criminal case the power to distinguish right from wrong, and the power to adhere to the right and avoid the wrong V 
