The evening times., 1895-12-17
RULING AS. TO INSANITY
Important Decision of the United
States Supreme Court.
ihe burden of Proof of Sanity Rests
Upon Those who Prosecute
the Defendant.

An important declaration from the United
states Suprcme Court on the effect OF
plea OF insanity set up as a defense In
criminal proceeding was made yestertla y
Id an opinion read by Justice Harlan upou
the case OF Dennis Davis, convicted of mur.
uer ana sentenced 10 death. appealed FROM
tne court or Judge Isaac c. Parker OF the
western District OF Arkansas.
Ihls case, said Just ice Harlan presented
Tor the first time to the Supreme Court this
important question:
II II appears that the deceased was killed
by ,he accused under circumstances which,
nothing else appea ring-made case OF
nuIuer, ciiD the Jury 7lroperiy return "A ver-
lict OF guilty OF tie pIfense charged IT.
upon me whole evidence they have a reason
aDIe Iouot whether, AT the time or the kill
lDe, the accused was mentally CoInpet,ut
TO uistinguisn between rlgnt and " wrGng or
committing"
After reviewing tie decisions upon this
point, which he said were about equally di-
fined, Justice Harlan, in expressing the
opinion OF the court, said:
All admit that the crime OF murder nee
essaruy Involves the possession upon the
part OF the accused or sucn ui,.nl al q, pacIry
as VIII ren1er nm responsible criiiinaiiy
Tor his acts. Upon whom. then must rest
tnc burden OF proving that the accused.
whose He IL Is sought to take under The
forms OF law, belongs 10 a class ca pa Bile OF
committing crimes? On principle. IL must
fest upon tiOBe whoR1ftrnI that he has com
United the crime for which he Is indicted.
luat Duruen II not iully uIschargpd, nor Is
there any legal right To take. the life OF the
accused untii guilt is made tn appear from
all the evidence In The case.
IF the whole evidence Including that
supplied by the legal presumption of sanity,
does not exclude beyond re:isona BILE doubt
me hypothesis of insanity m he is enti-
tied to an acquittal or the specific offense
charged"
In concluding the opinion, which reversed
Tue Judgment OF Judge Parker and sent the
case back for another iriaI, Justice Harlan
said
1T seems to us that in most of the cases
hoitiing mat III a prosecution for murder,
where thc.cyidenco does no Mere tn In create
reasonable doubt OF the sanity OF the at-
cused, too much stress is placed upon the fact
that the defense OF insanit is frequently re-
sorted To, and is sustained by the evidence of
Ingenious experts. whose theories are diff
cult to DE met and overcome. Thus IL is
said. crimes of the most atrpcious cha raCter
often go nnpunished. and the public safctyis
such results must alwa s. attend any system
devised to ascertain and punish crime. and
ought not to induce the cou rts la depart from
long established principles, fundamental in
the criminal law and the recognition a nd en-
forCement OF which are demanded by every
consideration Of humanity and justice. No
man should be deprived of his life, under the
forms OF law, unless the jurors who try him
are able, upon their conscience, to 81 y that
before them. b. whoInsocyerad-
ducet1 is sufficient to show be yond reas on
able doubt the existence of every fact neces-
sary to constitute the crime charged"