Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-02-07

BISMARCK DIAL N sTssiElltsE, TIL
nornse a question OF fact winch must be
determined by the jury from the sevii-
dence; but there are certain tests es-
tablishe dby law in this state, as else
where, for determination of the question
whether, if he was to some extent in
sane, his insanity was sufficient DO ex-
empt him from respons, ity. .i5s
In the nrst place it is everywhere the
settled law, in New York BY express
statutory provision, that if ThaW, at the
time he killed White, was SO insane that
he did not know the nature and quality
of his act, or that he did not know the
act was wrong, he is not responsible,
and must be acquitted N. 81 y, Penal
Code, 20, q; - Cyc- 166; 21 eye. sea. }
In the second place, it is equally we'll
settled: that mere moral or emotional in
sanity, or frenzy produced by anger,
Jealousy, or other like passion, is not
such insanity as will exempt from res
possibility, where the person knew the
nature and quality of his act, and that
it was wrong |; and this is true, it has
been held, although he. may be unable
to control his passion, and even though
some mental defect makes him more liza
BILE to yield to passion than if he were
mentally sound. (12 Cyc ITO; 81 Cyc.
666. Proof of such a condition, how
ever, by excluding the elements Of de-
liberation and premedi Citation, if the evi-
dence shows that it did SO, but not other
wise, will reduce the homicide to murder
in the second degree. People " Bar
beri, 149 N. Y, 256; 81 Cyc. 77332
Perhaps there may be such a thing
as genuine insanity produced by anger,
jealousy or revenge, and if there is,
which is a question of fact to be deter
mined from the evidence, then it is a
defense to the same extent as insanity
produced by any other cause; but it
must be genuine insanity as distin-
guishe from turbulence of passion pro-
duced by desire for revenge People
". Foy, 1873, N Y. 666, 667) and it must,
as is expressly required BY section 81
Of the Penal Code, have been such as to
render the accused incapable Of knowing
\ the nature and quality Of his act or Of
knowing that it was wrong. The heat
Of passion and feeling produced by MOI
tives of anger, hatred or revengeis not
insanity and affords no ground Of ex-
enption from esponsibility People
y. Foy, 1873 N. Y. 666, 667
Tn some states a phase of insanity
known as insane irresistible impulse, re-
sulting from mental defect or disease, is
recognized as a ground of exemption
from responsibility for acrinle commit
ted under its influence it being held in
these states tina if an insane impulse SC
overmasters the will of a person as 5tc
irresistibly impel him to the commission
| of a homicide, he is not responsible, al.
though he may know the nature ane
| quality OF his act and may know tha
it is wrong. az Cyc. 1859; 81 eye. $685.
In other states, however, this doctrine
is not recognized, and it has no place ii
| the law of New York. In this state i
is expressly provided by statute that !;
| person is not excused from criminal liza.
bility as an insane person except upor
| proof that. at the time of committing thu
alleged criminal act, he was laboring i'm
| der such defect of reason as either q,
not to know the nature and quality o
the act he was doing; or ~ not t
know that the act was wrong laac
further, that "a morbid propensity Il
commit prohibited acts, existing in til.
mind OF a person who is not shown tt
have been incapable of knowing til,
| Wrongfulness of such acts, forms no de
| tense to prosecution therefor IN. y
Penal Code, 81, %; and see 10 Cyc 1859
81 eye. 664.)
I'm the Carpenter case (102 N. Y
238) where the defendant had ISille,
This wife by repeatedly stabbing her witt
a knife, in the presence OF a number Q
people, in the open street, and in broat
daylight, the court Of appeals held tina
the trialcourt did not err in refusing tn,
defendants request to charge the jur.
| that if some controlling disease was il
truth the acting power within him 9TH
prisoner) which he could not resist, .
if he had not sufficient use <of his rea
/ son to control the passion which nrnrnpt