The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-29

consideration of tho case. tho law. which
has a deep ana careful regard for the life
and liberty OF every ctlZon, giving him the
benefit Of any such doubt that may exist
IL. The court instructs the jury that
every fact. whether direct or circumstantal,
essential to tho establishment of the guilt
| of the accused must be proven to the satis-
| faction of the Jury beyond all reasonable
doubt and any conclusions derived thore-
| from must DO free from such doubt And
| in this connection the jury is further In
structed that conjecture, speculation and
| theory, however plausible, ought not to and
must not be considered by them to tho dis
advantage OF the defendant, and reason
able doubt upon the whole case. or upon.
| any material fact. entities the accused to q,
verdict of not guilty.
H. Tho court further instructs tho Jury
that Il reasonable doubt isisuch n substantial
| doubt as would cause n man of average
prudence to hesitate and be uncertain With
respect to matters of his own OF grave i'm
| portance.
10. Tho court nstructs tho jury where
circumstances arc invoked, and to any extent
| relied on to produce the conclusion of guilt
/ they must be OF such n convincing character
| with innocence.
They must DO so strong as to convince to
a moral certainty. and If they do not mc!ni-
/ ure to this test. they must be discarded.
| II. Insanity in contemplation of law is
any defect weakness or disease Of the mind.
rendering it incapable OF entertaining or
preventing its entertaining in the particular
| instance, the criminal intent, which consu-
tutes one Of the clements of every crime.
i 10. An accused person is not criminally
responsible for an act II he was so Insane
at the time he committed the act that he
was Incapable of entertaining q crimlna!
intent.
49, Every person Is presumed by law to
be sane and when insanity is relied on as
defense for crime. the burden Of proving
such insanity to tho satisfaction OF the
Jury rests on the accused; In such cases II
is not sufficient that the evidence raises Q
rational doubt rs to whether the accused
was sane or not whom he committed the
, act,
II. II the Jury believe from tho evidence
that the accused killed Theodore Estes, and
at the time of said killing the accused un'
dcrstood tho nature and character of his
act and It's consequences. and that 1t wa
liable to be punished If he committed it
and at the same time possessed full powe
over and control of his VIII, then he Is re
sponsbe for such killing
49, If the jury believe from the evidence
that the accused killed Theodore I. Estes
and that no was impelled to such killin'
by u homcidal impulse urging him to com
init the act, such Impulse Is not suificien
70 exempt him from responsibility for sucl
killing, unless the jury are satisfied from
the evidence that the mind OF the accused
was diseased at the time OF the killing an
that tho accused was unable to know u
that time what he was doing, and that tn
act was criminal and wrong and woul,
render him liable to be punished II he com
mtted II, Or that he had lost power owe
and control OF his Will.
-, ungpyernnhle passion or unrestraine
temper arising merely from perverted an
abnormal condition OF the moral system
where the mind is unimpaired by diseas,
furnishes no exemption from responslbilit
ior tho commission OF crime,
90. While the opinions OF experts on tn
question Of insanity are entitled to niue
weight, yet they are not conclusive OF tn
question, The jury must consider thei
opinions along With the opinions Of the non
experts and alnthe evidence In the ems
bearing on the question of insanity. an
from thor own Judgment on considerable
OF all OF the evidence.
Fl, The court further inBtructs tho jur
that II they shall believe from the eyidenc
that the defendant was not mentally dt
ranged Mt the time OF the homicide bl
that he slew tho deceased In TIE hout
passion, provoked by the communication u
legged to have been made4ato him by h
brothcr-in-laW and daughter then lie ca
be convicted Of no higher grade of oifenl
than mnnslaughter.&
81 30 The court further instructs the 1u
Z ~ they shai believe from the evidence tn;
the defendant WAS Insane. or mentally d
ranged at the time OF the homicide, ths
they must acauit him
p % Tho court instruGts the Jury that nj
Dntacfdent and Subsequent eondit ions
mind, whilo they may BIO Indicative OF II
condition of tho mind nj the tinlo or II
act, are not conclusive Thereof. The ii
quiry must always be. what was tho cond
ton OF tie mind at the time OF the ap
n which. IS to be determined fromeall the lac
"a and circumstances of the case. If nj ii
4 it.l .lfft . ..l.. ,,n.-f "A.