The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-14

Porter vs.. the State-Indictmen for Muir
der-Appeal from the Circuit Court Oh
Russell.
|. Homicide; insanity; Evidence; Ex-
perts; Opinion Based on Evidence in the
Case-On the trial of one indicted for
murder, where insanity is pleaded as a
defense, it is improper to ask a physi-
clan, who has heard all the evidence.
whether or not in his opinion, based
upon all the evidence In the case
tending to show the sanity or insanity
of the defe ndant," the defendant was
sane or insane at the time of the killing
a responsive answer would embody a
conclusion of the witness as to the cred-
bility of the testimony and as to the value
of opinions expressed by other witnesses
2. Same; Evidence: Threats.-On the
trial of a murder case evidence that de-
PENDANT said to deceased, several hours
before the killing, You better kill me
now while you have a chance was ad-
missible as a threat and as tending to
show that the killing was malicious and
premeditated.
g. Same; Insanity; Evidence.--Wher in
order to show defendants insanity, evil
dence has been offered by defendant as
to extravagant statements made by him
about the value of some dogs the state
may show that he was a great hunter.
4. Same; Intoxication;; Evidence. =
Where, in a homicide case, defendant
pleads insanity, evidence for the state
that at various times during the period
covering defendants conduct, as testified
to by his witnesses, he had been under
the influence of liquor, was relevant to
the inquiry as to defendants mental con-
dition generally
5. Same; Burden of Proving Insanity;
Code, Sec. 49SS.-Every person charged
with crime is presumed to be responsible
for his acts. and the burden of proving
that he is irresponsible is cast upon the
accused. The defense of insanity In all
criminal cases shall be clearly proved to
the reasonable satisfaction of the jury
Code, Sec 1880.
6. Same; Insanity; Burden of Proof;
Reasonable Doubt; Charge; Code, Sec.
1898, 4943.-0n the trial of a murder case,
where the plea of insanity was inter-
posed and trial had thereon as well as on
the plea of mot guilty" a charge to
the jury that 'if you have reason
able doubt of the defendants guilt you
must acquit him." is misleading, as to
the burden and degree of proof imposed
ON the defendant under sec. 1888 of the
code in the trial of the issue under the
special plea, and also because it author
lied a general verdict of not guilty re-
CARELESS of whether they found for de-
PENDANT under the Specidt pea. section
4943 of the code providing that in the
event he is acquitted on the plea of
insanity. the court is to ascertain whether
his insanity continues, and if it does shall
order him in safe custody and to be
sent to the hospital
T. Same; Symptoms of Insanity; Charge
Invading Province of Tury.-ln a homl-
eide case. where inss atty is an issue, a
charge invades the province of the jury
f.,e-f 1,af tray afrDt
nervousness, sleeplessness and restless
ness are symptoms of insanity
S. Insanity; Presumption of Continu-
ance.-There is no presumption of con-
tinuance of insanity arising from cause
which is usually temporary in effect
Reversed and remanded. Opinion by
Sharpe, j.