Daily capital journal. (Salem, Oregon) 1903-1919, 1907-02-15

cal experts practically agree that
such mental condition may exist as
the result of genuine insanity, and
IL 1t does in fact exist in any case,
then the person laboring under such
an infirmity is, in so far as criminal
responsibility is concerned, in the
same position as If stranger man
should seize his hand apd compel
him, against his will, to commit the
act. 21 Cyc, collecting many cases
In the various states.
"In other states, however, this
phase of insanity, in spite of the
medical testimony as to it's existence,
is not recognized (21 Cyc 664, 665);
but such condition of mind is re-
garded as mere moral perversion or
passion, so long as the slayer knows
the nature and quality of his act and
that II is wrong; and this is true In
New York under the express provi-
sions of the penal code above quot
ed. In this state, therefore. an in
sane irresistible impulse is a defense
II the accused did not know the ma
ture and quality of his act, or II he
did not know that 1t was wrong, but
not otherwise, even though medical
experts may all agree in testlfying
that the impulse was due to genuine
insanity, and that It was irresistible.
People v. Carpenter, 102 N. Y. 2SS,
Emotional Insanity.
Mere emotional insanity, so call
ed, where the person knows the ma
ture and quality of his act and that
It was wrong, Is no defense anywhere,
and is expressly excluded in New
York by the provisions of the penal
code quoted above. II man under
the influence of excitement. passion,
or frenzy, caused by anger, jealousy,
the passion of revenge, or any other
cause whatever. kills another, when
he has sufficient mental capacity to
know the nature and quality of his
act, and that II is wrong, he may.
be guilty of murder in the second
degree only. because of the absence
of the elements of deliberation and
premeditation. which are necessary
to murder In the first degree (People
v. Barberi, 149 n. Y. 256; 21 Cyc
1922, but he is not exempted entire
ly from responsibility, even though
his excitement or passion may have
been apparently uncomfortable, and.
II has been held, even though he may
have also been laboring under
some mental defect, rendering him
more liable than perfectly sane
man to yield to the influence of such
excitement or passion. 21 Cyc 666;
People V. Foy. 1873 n. Y. 664.
This rule. however, does not ex-
clude as a defense genuine insanity.
as distinguished from mere turbdl-
ence of passion, merely becuase 1.
was produced by anger, jealousy, re-
venge, or other like cause. IL II was
genuine insanity, whether total or
merely partial as In case of delusion,
and prevented the accused from
knowing the nature and quality os
his act, or from knowing that the
act was wrong. II is as complete a
defense as like insanity produced by
any other cause; and II there is any
evidence lending to show such genu-
inc insanity, IL is within the exclus-
i've province OF the jury TO determine
whether as a matter OF fact, 1t did
exist. People v. Foy. 1913 n. Y. 66i.
Thaw May BE Innocent.
referring to the case OF Harry
Thaw. who is now on trial in New
York for the murder of Stanford
White, is seems clear from this sum
mary of the law that he may be In
nocent. and the homicide merely a
great misfortune. He is certainly |
not responsible II. by reason OF genu'
inc insanity at the very time OF the
by whatever cause II may
have been produced. and the testi-
money thus far introduced, II true.