The Caucasian. (Shreveport, La.) 1900-192?, 1907-02-05

committed, il II Is committed IN the hea
Of pa ssion caused by adequate provoca
ton but passion. however great. is not
sufficient to reduce the killing to man
slaughter if the provocation is not i'll 1t
nature adequate III the eye of the law, il
if there has been time after the prOvoCa-
ton was given for the passion of reas-
onabc man to- cool. whether ii does IL
fact cool or not since the safety of the
community requires that persons shall
reasonably control their passions. And
although there has hcen some tendency
to leave the question in such cases TO the
Jury, the law has long, sbcen settled that
mere suspicion. or even actual knowl-
edge, on the part Of husband of past
pr even continuing illicit relations be
tween his wife and another NAN is~not
such provocation a, Will reduce his kill
ing Of the man from murder to msG
slaughter 2I Cyc. 75I-z5} \ fortpri,
suspicion. or even knowledge. on the
part Of a man that his wife is being pur-
sued or annoyed by another would not
be such provocation as to reduce a hon-
eide to manslarghtcr Furthermore. un-
Ter the present statute Of New York. a
homicide can not be classcd as man
slaughter. except when there was no de
sign to effect death: when that purpose
is excusahlc or ustifi1bc n Y Penal
Code 1873, uSo, Io3; People VS.. Bcckwith.
io3 n Y 500.
Nor wa, the homicide excusable or
iustihahle either at con3mon law or I'M
der the New York statute. for. 20 be ex
cusable, it must have bsen committed by
accident in doing a lawful act, and to be
iustihable it must have been in lawful
defense of lhaw or his wife, when there
was reasonable ground to apprehend a
design on the part Of the person slam
to commit a felony or to do some great
personal injury. etc, and when there
was imminent danger of such design be
ing accomplished n y. Penal Code
2o3, 2o5 See ri Cyc. 7o4, SI2, S26.
With respect to the defense of in
sanity if ,Thaw was insane when he
killed White, he not only can not he pun
shed, but he was guilty of no crime. and
his is true although he may have been
zane before he committed the act and
may be sane now. II Cyc I65; 2I Cyc
l63. Whether or not he was insane is Of
course question of fact which must be
determined by the Jury from the evi-
1ence: bit there are certain tests estab-
.ished by law i'll this State, as elsewhere,
for determining the question whether, il
ne was to some extent insane, his insan-
ity was sufficient to exempt him from re
Sponsiblity.
In the first 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
lct was wrong. he is not responsible, and
must be acquitted. n. Y. Penal Code 20
u: II Cyc. I66 81 Cyc 663
In the second place, it is equally well
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 re
sponsiblity, where the person knew the
nature and quality of his act and that
t 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 la
HE to yield to passion than If he were
Proof of such a condition, however, by
excluding the elements of the delibera
ton and premeditation, if the evidence
shows that it did SO, but not otherwise,
will reduce the homicide to murder IN
The second degree. People VS.. Barberi,
40 n. y. ESQ; 2I Cyc. 732.
Perhaps there may be such thing as
genuine inasnity produced by anger,
jealousy or revenge, and if there is,
which is question of fact to be deter
mined from the evdenceh then it is a
1efense to the same extent as insanity
produced by any other cause: but 1t
must be genuine insanity as dstln-
gu'sl1ed from turbulence of passion pro
luced by a desire for revenge. People
IS. Foy, 1873 N. Y 6667, 667. And it
must, as is expressly required by section
u Of the Penal Code, have been such as
to render the accused incapable of know
ing the nature and quality of his act or
If knowing that it was wrong. The heat
IF passion and feeling produced by mo-
tives Of anger, hatred or revenge IS moi
insanity and affords no ground Of ex-
emption from responsibility People vs.
Foy. 1873 n Y. 600, 667.
"In some States a phase of insanity
,nown as insane Irresistible impulse. re-
sultng from mental defect or disease. i,
recognized as a ground of exemption
from responsibility for a crime commit
ted under its influence it being held il
.I,ern S+,tpC that If an insane ioD11lse Sc