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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 the Law of Trials in Actions Civil and Criminal - Page 1798
by Seymour Dwight Thompson - 1912 - 4154 pages
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 8

Law - 1874 - 440 pages
...degree for 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 under such...
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Criminal Law Reports: Being Reports of Cases Determined in the ..., Volume 2

Nicholas St. John Green - Criminal law - 1879 - 838 pages
...deceased. The instructions referred to in the opinion were as follows : " 3. To establish a defence on the ground of insanity it must be clearly proved that at the time of committing the act the defendant was laboring under such a defect of reason from disease of the mind as not to know the nature...
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Commentaries on the Indian Penal Code (Act XLV of 1860)

India - Criminal law - 1874 - 656 pages
...for his crimes, until the contrary be proved to their satisfaction ; and that, 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...
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The Canada Law Journal, Volume 10

Law - 1874 - 402 pages
...opinion of his own, but it did not in any way differ from the other judges), says :— " It must be proved that at the time of committing 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...
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Transactions

Illinois State Medical Society - Medicine - 1875 - 302 pages
...propounded certain questions to the judges, of which the following is the summary of their answers: "To establish a defense on the ground of insanity,...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 of the act he was...
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A Treatise on the Law of Homicide in the United States: To which is Appended ...

Francis Wharton - Homicide - 1875 - 848 pages
...for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved...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 of the act he was...
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Commentaries on the Laws of England, Volume 2

Herbert Broom, Edward Alfred Hadley - Law - 1875 - 858 pages
...Jones (NC), 366. until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved,...time of committing 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...
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British and Foreign Medico-chirurgical Review: Or, Quarterly ..., Volume 55

Medicine - 1875 - 558 pages
...answers in full. To use Dr. Maudsley's words the substance of them is that— " To establish a defence on the ground of insanity it must be clearly proved...the time of committing 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...
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Albany Law Journal, Volume 12

Law - 1875 - 462 pages
...responsible for his crimes until the contrary be proved to their satisfaction ; and thut to establish ;i 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 defect of reason, from disease of the mind, as not to know the nature...
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Transactions of the Colorado State Medical Society, Volume 27

Colorado State Medical Society - Medicine - 1897 - 486 pages
...to questions propounded by the House of Lords to the Judges (cited in Roscoe's Cr. Ev. 953.) He says that to establish a defense on the ground of insanity,...the act the party accused was laboring under such a defect of reason, from disease of the 1. Commonwealth v. Mosler, 4 Barr. 264. 2. See also Mackin...
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