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" That if the prisoner was laboring under some controlling disease which was, in truth, the acting power within him which he could not resist, then he will not be responsible. "
The Trial of William Freeman: For the Murder of John G. Van Nest, Including ... - Страница 372
по William Freeman, Benjamin Franklin Hall - 1848 - 508 страници
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A Treatise on Crimes and Misdemeanors, Том 1

William Oldnall Russell - 1843 - 1086 страници
...mind till the contrary is shewn. But a person may " commit a criminal act, and not be responsible. then he will not be responsible. It is not more im" portant than difficult to lay down the rule by...

Report of the Trial of Abner Rogers, Jr: Indicted for the Murder of Charles ...

Abner Rogers (Jr.), George Tyler Bigelow, George Bemis - 1844 - 312 страници
...be found in English jurisprudence. Says Lord Denman in that case, (reported 9 C. & P. 525, 546.) " if some controlling disease was, in truth, the acting power within him," (the defendant,) " which he could not resist, then he will not be responsible." And again, (page 547,)...

Argument of William H. Seward, in Defence of William Freeman, on His Trial ...

William Henry Seward - 1846 - 64 страници
...know it, did not know he was doing what was wrong ; and the question is not whether the accused know the difference between right and wrong generally,...controlling disease was in truth the acting power withia him which he could not resist, or if he had not a sufficient use of his reason to control the...

Trial of Charles B. Huntington for Forgery: Principal Defence: Insanity

Charles Benjamin Huntington, James T. Roberts - 1857 - 502 страници
...could get money upon it, and that the party who trusted to it would be cheated ? If some disease was the acting power within him, which he could not resist ; or if he had not sufficient use of his reason to control the passions which prompted the murder, he is not responsible...

Commentaries on the Criminal Law, Том 1

Joel Prentiss Bishop - 1858 - 1012 страници
...yet he is impelled onward by a power irresistible. In such cases, in the language of Lord Denman, " if some controlling disease was in truth the acting power within him, which he could not resist, then he will not be responsible."2 And the question for the jury, under such a state of the proofs,...

A Treatise on medical jurisprudence

Francis Wharton - 1860 - 1072 страници
...shot at the Queen of England, " That if the prisoner was laboring under some controlling disease which was, in truth, the acting power within him which he could not resist, then he will not be responsible." And again : " The question is, whether he was laboring under that...

Reports of Cases Argued and Determined in the English Courts of ..., Том 38

Great Britain. Courts - 1865 - 868 страници
...mind till the contrary is shown. But a person may commit a criminal act, and yet not be responsible. If some controlling disease was, in truth, the acting power within him, which he could not resist, then he will not be responsible. It is not more important than difficult to lay down the rule by which...

Speeches, Correspondence, Etc., of the Late Daniel S. Dickinson of ..., Том 1

Daniel Stevens Dickinson - 1867 - 772 страници
...own country the rule is thus laid down. Justice Edmonds, in Kliem's case, instructed the jury that " if some controlling disease was in truth the acting...within him, which he could not resist, or if he had not sufficient use of his reason to control the passions which prompted the act complained of, he is not...

The Local Courts' and Municipal Gazette, Том 4

1868 - 654 страници
...enlightened doctrine of the present day : — know it, that he did not know he was doing what was wrong. If some controlling disease was in truth the acting...within him, which he could not resist, or if he had not sufficient use of his reason to control the passions which prompted the act complained of, he is not...

Albany Law Journal, Том 36

1888 - 564 страници
...after observing that one may commit a crime and not be responsible, he used this significant language: "If some controlling disease was in truth the acting power within him, which he could not resist, then he will not be responsible." The accused in that case acted under the duress of a delusion of...




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