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" ... 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... "
A Treatise on Crimes and Misdemeanors - 125. oldal
szerző: Sir William Oldnall Russell, Horace Smith, Alfred Percival Perceval Keep - 1896 - 844 oldal
Teljes nézet - Információ erről a könyvről

Outlines of Lectures on the Nature, Causes, and Treatment of Insanity

Sir Alexander Morison - 1848 - 600 oldal
...ground of insanity, it must be clearly proved that the accused party, at the time of committing the act, was labouring under such a defect of reason from disease...or if he did know it, that he did not know he was doing wrong. So that the question for the jury is this simple one, — had the individual accused a...

The mystery of murder, and its defence [first appeared in the Law review for ...

Samuel Warren - 1855 - 520 oldal
...you, in each and every one of these cases, have declared, upon your oath, that you believed Oxford was " labouring under such a defect of reason, from...or, if he did know it, that he did not know he was doing wrong ? " * We entreat you to forget altogether the enormity of the offence imputed to Oxford...

The Law Magazine Or Quarterly Review of Jurisprudence, 55. kötet

1856 - 206 oldal
...must be clearly shown that, at the time of the committing the act charged in the indictment, the party accused was "labouring under such a defect of reason,...that he did not know he was doing what was wrong." If the accused was conscious that the act in question was one which he ought not to do, and if that...

The Law Magazine and Law Review: Or, Quarterly Journal of ..., 3. kötet

1857 - 386 oldal
...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,...or, if he did know it, that he did not know he was doing what waa wrong. "The mode of putting the question to the jury on these occasions has generally...

A Handy Book on Criminal Law: Applicable Chiefly to Commercial Transactions

William Campbell Sleigh - 1858 - 184 oldal
...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...that he did not know he was doing what was wrong." It only remains for me to remark, that intoxication is no excuse for the commission of crime. If, therefore,...

The Journal of Jurisprudence, 7. kötet

1863 - 756 oldal
...the ground of insanity, it must be clearly proved that, at the time of committing the act, the party accused was labouring under such a defect of reason...that he did not know he was doing what was wrong; and, (3) that if a person under the influence of an insane delusion as to existing facts commits an...

Lectures on Mental Diseases

William Henry Octavius Sankey - 1866 - 344 oldal
...cases, " it must be proved that the accused at the time of committing the act for which he is on trial was labouring under such a defect of reason, from...that he did not know he was doing what was wrong." Now, all these modes of determining the question of the existence of mental disease are, and have always...

Medical Times, 2. kötet

1871 - 868 oldal
...principle that every man must be taken conclusively to know it, without proof that he does know it ; but if the accused was labouring under such a defect of reason...or if he did know it, that he did not know he was doing wrong, that is such a degree and quality of insanity as alone will relieve a person from criminal...

The Law Magazine and Review: For Both Branches of the Legal Profession at ...

1899 - 710 oldal
...It may, therefore, be concluded, that to establish a defence on the ground of insanity, it must be proved that at the time of committing the act the...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 that, if knowing...

The Dublin Journal of Medical Science, 55. kötet

1873 - 702 oldal
...The legal test of insanity, when urged as a plea of innocence in criminal cases, is the proof that " the accused was labouring under such a defect of reason,...that he did not know he was doing what was wrong." But this test is untrustworthy. There are, of course, lunatics in whom the moral sense is blunt or...




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