The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-05
ant features of the culpeper homicide

ant lcdtuies VI lllc CulpSpef nOmlCld
case:
10 The term insanity" as used in
these instructions is that condition of
the mind which renders the person ire
sponslble for crime.
20. An accused is responsible for
crime II he understands the nature and
character Of his act ana it's consequences.
and has a knowledge that 1t is wrong
and criminal and IA mental knowledge
sufficient to apply that power to his own
case, and TO know that IL he does the
act he Will do wrong and receive pun
ishment, and possesses withal a will
sufficient to restrain his impulse arising
from mental arrangement.
Il. Antecedcnt and subsequent con-.
dltions of the mind are Indicative of the
condition of the mind at the time of
the act. but they are not conclusive
The subject of inquiry must always be,
what was the condition of the mind at
the time of the act? which is to be
determined from all the facts and cir
cuinstances of the case. IL. AT the time
OF the act person is insane, as defined
in these instru> ions, he is entitled to
be acquitted.
%. ung"vernable passion, arising from
reasonable provocation, Will reduce
the grade of the offense from murder
to manslaughter, but viii not excuse the
crime. Passion and provocation how
ever, must both co-exist.
2S The jury must not allow any pos
sibie prejudice against the defense of in
sanity to influence them in considering
whether the homicide was committed
in and as a result of that condition
The law of Virginia guarantees to de-
PENDANT an absolute and valuable right
to mako and have that defense consid-
cred along With any other defense no
may think proper to make, and II that
defense is made out as required by law,
the defendant is entitled to a verdict of
acquittal.
%. If the jury believe from the evil
dence that stress or strain upon the
mind of the defendant at the time of
the commission of the homicide. arising
out of tho conduct of Bywatcrs the de-
ceased, and all OF the other facts and
circumstances of the case so operated
upon the mind of the defendant as that
his reason was dethroned and his mind
80 impaired as that he became tenn
porarily insane. as defined in these ~
suuctions, and that ne was thereby
rendered incapable OF governing himself
in reference to said Bywaters. the jury
should find verdict of acquittal.
% Although the jury may believe that
the defendant received great and grcss
provocatton from BywatGrs, the deceased,
YET, II no wilfully and deliberately and
premeditated his malice aforethought
Killed the said Rywaters, no is guilty of
murder in the first degree
If tho jury believe from the evidence
that In his state of mind at the time of
the killing The accused might reasonably
incur from tho acts and conduct Of the
deceased Immediately preceding the
killing, that he intended to- desert his
wife, and that he made an effort to do so.
and that such effort would naturally and
reasonably inclte in his mind great an
ger and passion under all the facts and
circumstances of this case, such AS to
control his reason and VIII, and that
under the influence of such passion and
anger and not In pursuance Of any pre-
conceived purpose he killed the deceased,
then he is guilty of manslapghter, and
the jury should SO find