Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-11-04

| SOiuiIilSoloE, uiilesS MS pNGuliat nj
soundness of mind, or monomania
We're involved. for the reason that his
mind may be unsound upon some
; subjects and sound upon others. As
a general rule an insane man is in
capable of committing crime-but
there are exceptions to the rule. a
person sometimes insane who has
sane intervals, or is so far sane as to
distinguish good from evil, right
from wrong, may commit crime and
be legally held responsible. Our
statutes provide that IAN act done
by person in state of insanity
cannot be punished as public
o!tense." The word insanity rs used
IN the statute must be understood as
including il icy, lunacy, and all oth' r
kindred forms of mental intirmity,
and the statutes etfectua!iy provide
that no person is, or shall be held
responsible for any ottense against
the law if he was, naturally or other
wise, an idiot, Il lunatic or affected
with morbid. temporary or perman,
ent insanity, mania, monomania, de
mentia, or any mental disease or all
ment which deprived him OF the
power Of distinguishing good from
evil, right from wrong, at the time
he committed the oiense, whether
his affection Of mind was natural, or
the result OF artificial or other causes.
Therefore II you find from the evil
dcnce that the prisoner committed
the homicide charged, and at the
time he committed it his mind was
so far disordereI or diseased that he
WAS lncapaJtv Of distinguishing good
from evil, right nom wrong, he was
Irresponsible and should be ac-
Quilted; or if he was, al the instant
of the alleged shooting, deprived of
reason, though then in sem con
scious state, the act, in Law, was non
voitionai and he Is not responsible;
or, If he was, at that instant. un-
conscious he is not responsible, nor
Is he legally responsible if
he was impelled TO shoot the
deceased by an uncomfortable in
huence, and was, at that moment,
unconscious of doing any wrong;
and he is not responsible if by rea-
son of his physical condition, super
induced from any cause, he became
and was subject to violent parox-
ysms OF rage in which his power of
discriminating between right and
wrong was for the time DESTROYED or
sus pended, and the act charged was
committed while in such a frenzy or
paroxyism and while such power to
distinguish between right and wrong
was destroyed or suspended; but
You should not confound such a fren,
~ or pHroZysm with a mere frenzy
or payoAysm Of rage when he GIa
distinguish Between right and wrong,
and did know what he Was doing. Ia
determining the question Of the pr;s-
anefs sanity Or insanity, you can
take into consideration any facts
tending to show his state OF mind
5eIort or after the alleged shooting
his physical condition and ailments.
if any, prior TO that time, his former
relations with the deceased and the
feelings lie may have entertained
towards him during his life; whether
Or not there existed any motive to
induce him to take his life. or wheth
CT he acted III Il spirit o. revenge,
whether or not he shot the deceased
TO crafty q feeling OF revenge he en-
tertainel against him, and whether
he committed the act from mere
wantonness. You can, also in de-
termining the question Of sanity or
insanity, consider all the evidence
given. either on behalf Of the prose
cution or the prisoner, and apply to
She facts and circumstances Gevel-
oped your knowledge Of human ma
tare and the tendencies OF the aum-
IN mind, and thereby ascert lin
whether or not he was, at the time
the mortal wound was inflicted, re.
sponsibIe for the act. fit be shown
that the intellectual faculties were
50 impaired as to produce a general,
habitual arrangement of them, n t
tfaceable to some temporary cause,
the law would presume the mind to
have continued in that condition un-
Ill the contrary WAS shown, but the
principle is different in reference 10
temporary insanity, for then the pre-
sumption would BE- that the mind
was restored to its normal condition
when the disturbing element had
,.pnS.I tn onpratp
To constitute crime the accused
must have been acted upon by mo
tive and governed by will, in its com
mission. In the legal sense, per-
son berett Of reason cannot act upon
motives OF be governed by will.
Sanity being the normal condition
Of the hum i race, on trial for
. @lrder the accused is presumed to
~ sana until the contrary is made to