Arizona republican., 1907-02-07

81 People V. Hawkins lO9 y. Y. 40S; Peo-
3 pie V. Barberi, 149 n. Y 256; y eye
s 726.
Y Under the supposed facts and cir
q cumstances OF the killing it seems clear
4 that there can be no question as to
q manslaughter. At common law, a
4 homicide is not murder, but man
4 slaughter only, although Intentionally
n committed. if II is committed in the
4 heat of passion caused by adequate
| provOcation; but passion, however
4 great. is not sufficient To reduce the
z killing to manslaughter. If the provoca-
ton is not in it's nature adequate in
the eye of the law, or If there has been
! time after the provocation was given
for the passion Of a reasonable man
I to cool, whether it does in fact cool or
not since the safety of the community
s requires that persons shall reasonably
control their passions. And. although
there has been some tendency TO leave
the question in such cases to the jury
the law has long been settled that mere
suspicion, or even actual knowledge, on
the part of a husband of past or even
continuing Illicit relations between his
wife and another man is not such prov
]
man from murder TO manslaughter
p eye I5l-153 fortiori, suspicion
or even knowledge. on the part Of
man that his wife is being pursued or
annoyed by another would not be such
provocatiOn as to reduce n homicide to
manslaughter. Furthermore. under the
present statute in New York a homi-
eide cannot be classed as manslaughter
, except when there was no design to
effect death: when that purpose is
present the crime is murder in one Of
its degrees, unless it is exCusable or
| Justifiable. y. Y. Penal Code. Secs.
ISIS. 1S9. 1893; People V. Beckwith. 1O3
y. Y. 800
Nor was the homicide excusable or
justifiable either al common law or
under the New York statute. FOR 10 be
excusable. il must have been commit
ted by accident in doing n lawful act
and 10 be justifiable. it must have been
in the lawful defense Of Thaw or his
II wife. when there was reasonable
ground to apprhend a design on the
n part Of the person slain To commit
! felony. or TO DO some great personal
\ injury etc. and when there was i'm
| minent danger OF such design being
/ accomplished y. Y. Penal Code.
T, Secs. 2O3. 20j. See p eye. 40 Sl2. sos.
with respect 10 the defense Of. in
/ sanity, If Thaw was insane when he
killed White he not only cannot be-
punished. but he was guilty Of no
crime. and this is true although he may
have been sane before he committed
the act and NAV be sane now. L CYC
d
/ insane is Of course a question Of fact
which must be determined by the jury
from the evidence: but there are GER Z
tain tests established by law in this
state. as elsewhere. for determination
Of the question whether. II he was TO
some extent iusane.-his insanity was
sufficient to exempt him from respon- ,
sibility.
In the first place it is everywhere I
the settled law. in New York bv ex- /
press statutory provision. that if Thaw. I
al the time h killed White. was so .
insane that he did not know the nature .
and quality Of his act. or that h did .
not know the act was wrong. h. is not |
responsible. and must be acquitted. y /
7. Penal Code. Secs. %. q: 70 CYC /.
l66: q CYC 663. In the second place /
IL is equally well settled that mere I
moral or emotional insanity. or fren-
~ produced by anger jealousy or 9TH 4
CT like passion. is not such insanity as |
viii exempt from responsibility. where I
the person knew the nature and quality
Of his act, and that Il was wrong: and
this is true. it has been held. although
he may be unable to control his pas
sion, and even though some mental de-
feCt makes him more liable to yield 20
passion than If he We're mentally
sound. Z CYC 10; p eye 666. Proof
Of such condition. however. by OK
Guiding the elements Of deIiberatIon
and generalization. IL the evidence
shows that il did so. but not otherwise.
will reduce the homicide to murder in
the second degree. People Y. Barberi.
1f9 y. Y. 256; q CYC 7S2.
Perhaps there may be such a thing
as genuine insanity produced by anger. (
Jealousy or revenge and If there is.
which is 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-
guished from turbulence Of passion
produced by a desire for revenge
people Y. Foy. 13S y. Y. 666. CO.,. and
it must. as is expressly required by
section y OF the Penal Code. have been
such as to render the accused incap.-
bic Of knowing the nature and quality
OF his act or Of knowing that it was
wrong. The heat Of passion and feel
ing produced by motives of anger hat
red. or revenge is not insanity and af-
fords no ground OF exemption from re-
sponsbilty. People Y. Foy. 13S y. Y.
$50. co..
IN some states a phase Of insanity
known as insane irresistible impulse
resulting from mental defect or dis ]
ease is recognized as n ground Of ex- )
emption from responsibility for a crime {
committed under its influence: it be- {
ing held in these states that if an in I
sane impulse so Overmasters the will q
Of a person as to irresistibly impel him !
to the commission of a homicide he s
is not responsible. although he may J
Know the nature and quality of his act s
and may know that it is wrong. u j
eye 1863: u eye Cos. In other states. ]
however this doctrine is not recogniz- I
ed. and it has no place in the law Of t
New York. In this state it is express v
" provided by statute that a person 4
is not excused from criminal liability e
l.,