... 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. oldalszerző: Sir William Oldnall Russell, Horace Smith, Alfred Percival Perceval Keep - 1896 - 844 oldalTeljes nézet - Információ erről a könyvről
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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,... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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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