The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1890-04-30

MS acts, Tor II ne mas lOSC all conscious
ness of right aud wrong, or if his reason is
absolutely dethroned he is presumed to be
incapable of forming any intention or OF
having any deliberate purpose of doing
any act, aud intention being the essence OF
every crime, it follows that one incapa-
BILE from the cause of insanity, Of reas-
oning or of forming any intention, that
it is impossible for him to commit any
criminal act.
Whatever be the cause of the insanity,
or mental alteration, the law requires
"that it must be so great as entirely to
destroy his PERCEPTION of right and
wrong in reference to the deed he is
about to perpetrate; and it is not until
this perception is destroyed to that de-
gree that he ceases to be responsible
for his acts" or as one Judge expresses
| it, "the law is that whether the insanity
be general or partial the degree of it
must have been so great as to have con-
trolled the will OF it's subject and to
have taken from him the freedom OF
moral action.''
You, gentlemen, are to judge of the
mental condition ofthe accused at the time
of the homicide, and to reach a conclusion
thereon by the application of all the
facts, acts, and deeds of the accused, at
and before and subsequent to the time
of the homicide, and you are to conclude
| whether the accused was in that state
OF mind at the time OF delivering the
fatal shot, as to be unconscious of bis
acts, or whether he knew he was doing
right or wrong, or whether he was labor
| Of <1,Dt Ia1
sion that impelled him to take the life
of the deceased.
Some of the law writer's, gentlemen,
recognize the doctrine that the mind of
! man may become SO deranged by dis
ease or otherwise as to cause in him
an irresistible inclination to kill or com
init some particular offense, and this is
called a moral or liomiciaal insanity.
But as Mr.. Bishop. who is the highest
authority on criminal law observes that
the "dectrine which acknowledges this
mania is dangerous in it's relations and
can be recognized only in the clearest
cases."
You are to Judge whether or not from
the evidence the accused is diseased with
this or any other kind of insanity, that
would render him crinlinally irrespollsi-
Die for his acts.
I charge you, gentlemen, that good
character is an element for the defense
that you can consider, and while it can
not be argued as an excuse for crime,
yet it may be weighed as any other fact
and circumstances developed on the trial of
this cause, in aiding you to reach a just
conclusion as to the guilt or innocence
of the accused.
Now gentlemen, have plainly and as
succinctly as possible, given you in
charge the principles OF the law that is
applicable to this case, and to these
principles you are to apply the evil
dence, or the facts, acts, and circum-
stances that are in proof before you. 1t
is not my province to comment on the
evidence or to say what is established
or not established by the proof, for this
| is left by the law to you exclusively as
Won are on the facts the sole and exclu-
sive judges.
You are to Judge of the motives. the
preiudices, interest and the thruthful-
ness of the witnesses, their opportunity
to know and see the facts to which they
have testified.
The law makes the accused compe-
tent witness in his own behalf, and you
are to receive his evidence, giving to it
such weight as You think it deserves,
taking into consideration his interest
and motives as you would any other
witness.
1t is the duty, gentlemen, of the State
to make out its case beyond a reasonable
doubt and to establish the guilt of the
accused, either that he is guilty OF the
crime OF Murder, or OF Manslaughter
and it is also the duty OF the prosecution
to establish the sanity of the accused al
the time he committed thessdeed beyond
reasonable doubt, provided you come
to the conclusion from the evidence thai
the accused was insane at any reason
able time before the preparation of the
deed, and was still laboring under the
disease.
But on the contrary, if the insanity o
! the accused is not proven to have exist
led anterior to the preparation of the
crime, beyond reasonable doubt, ther
! the burden of proof rests on the accused
to establish this fact beyond reason
able doubt.
But should you have reasonable
doubt as to the guilt or innocence of thu
accused, or as to his sanity or insanity
the law makes it your duty to give thu
accused the benefit of reasonable
doubt and ac4uit either of Murder o.
Manslaughter.
But if you have no reasonable doub
as to his guilt it is your duty to convic
either OF Murder or Manslaughter, a!
, you may determine under the evidence
A reasonable doubt is not a caption!
or trivial one, but means simply tina
the evidence under the law APP
, plicable to the case. is not sufficient t,
, convince your consciences that the &C
, cused is guilty to moral certainty.
1t takes all twelve of you to agree OF
whatever verdict you may find, and YOU
will select your own Foreman and brin.
your verdict into court and deliver i
. either in writing or crafty.
+ Now gentlemen, this case is submitted
: to you for your final decision, and 20,
' should remember the oath that was ad
, ministered to you when you were i'm
panneled to try case, that you will "wel
and truly try and true deliverance max
!, between the State OF Louisiana and th
prisoner at the Bar whom you shal
have in charge and true verdict rende
,, according to the law and the evidence
, , so help you God"
--Baner 4 Wells goods are til
best and their prices the lowest. Cal