# Davis v. United States (165 U.S. 373)

Supreme Court of the United States
165 U.S. 373
DAVIS v. UNITED STATES
Error to the Circuit Court of the United States for the Western District of Arkansas
No. 577. Submitted: Jan. 19, 1897 --- Decided: Feb. 15, 1897

## Linked case(s)

160 U.S. 469
Although there is no appearance for the plaintiff in error, yet, as this is a criminal case, involving the punishment of death, the court has carefully examined the record, to see that no injustice has been done the accused.
After a witness, qualified as an expert, has given his professional opinion in reference to that which he has seen or heard, or upon hypothetical questions, it is ordinarily opening the door to too wide an inquiry to interrogate him as to what other scientific men have said upon such matters, or in respect to the general teachings of science thereon, or to permit books of science to be offered in evidence.
An expert on behalf of the defence in cross examination was asked "You [p374] think from your experience with him, from your conversation with him, that he killed the man because he threatened his life?" An objection to the question being overruled he answered "Well, in part; and because he thought his own life was in danger, and because he thought he had the right to destroy this menace to his own life." Held, that the objection was properly overruled.
The trial court charged "The term 'insanity' as used in this defence means such a perverted and deranged condition of the mental and moral faculties as to render a person incapable of distinguishing between right. and wrong, or unconscious at the time of the nature of the act he is committing, or where, though conscious of it and able to distinguish between right and wrong and know that'the act is wrong, yet his will, by which I mean the governing power of his mind, has been otherwise than voluntarily so completely destroyed that his actions are not subject to it, but are beyond his control." Held, that this was not prejudicial to the defendant.
Under the circumstances the court did right to refuse the instruction asked for with reference to manslaughter.
ON October 13, 1894, defendant was indicted in the Circuit Court of the United States for the Western District of Arkansas for the crime of murder. A trial being had he was found guilty and sentenced to be hanged. This judgment was reversed by this court on the ground of error in the instructions of the court in respect to the matter of insanity. Davis v. United States, 160 U.S. 469. A second trial was had, which resulted in a similar sentence, to review which this writ of error has been sued out.
The circumstances of the homicide were briefly these, and in respect to them there was no dispute. The deceased and defendant had a misunderstanding in regard to the making of a sugar cane crop which the defendant was making for the deceased on land rented from him. About a week thereafter, and on September 18, 1894, the defendant took a gun and slipped up to near where the deceased was at work picking cotton, shot and killed him while so at work, and while unarmed and doing nothing towards harming defendant. He then ran away from the place where the shot was fired to the nearest town and surrendered himself to the officers, telling them he had killed the deceased, and detailing the circumstances.
No appearance for plaintiff in error.
[p375] Mr Assistant Attorney General Dickinson for defendants in error.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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