The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-02-13

delusaon that God has commanded
him @ do SO. he Is guilty Of no crime,
for. instead Of knowing that the act Is
wrong he believes Il rs right. or
course. whether he did XIII under the
influence Of such q delusIon Is ques
ton for the jury on the eyidence. The
same Is true II man kills another I'm.
der the influence OF an insane .deIa.
sion that the other is in the act Of
attempting to XII him (the stayer) or
to infiict grevions bodily harm, for II
such were really the case, the homi-
eide wonid be jnstifable. And the
rule also applies II a man kills another
under al insane defusion that the kill.
ing is necessary to save his wife from
death or great bodily harm, for he has
the same right to defend his wife as
he has to defend himself.
"on the other hand, IL q man kills
another in revenge under an insane
deIusion that the other has inflicted n
serious injury to his character or for.
tune, he Is fully responsible, for even
IL the supposed facts were true. they
would not Justify or excuse the nomi.
eide. And the same is true IL a man
kills another in revenge or jealous
passion under an insane delusion or
is attempting to take her from him.
for such facts. If they really existed,
would not Justify or excuse.
I'm any case there must, to EXEMPT
from responsibility, be a direct CON.
nection between the monomania or lie.
fusion and the homicide; n care
must be taken to distinguish an In.
sane delusion from the erroneous con.
clusion of a sane mind, which is no
defense. 81 eye, 66s.
Irresistible Impulse.
at is held in Alabama, Massachu.
sets, New Hampshire, Pennsylvania,
and a number OF other States. that n
man is not responsible for a homi.
eide under the influence OF an insaae
irresistible influence, although he may
know the nature and quality of his
act, and that it is wrong, on the
ground that medica. experts practical.
ly agree that such ii mental condition
may exist as the result OF genuine in.
sanity, and IL it does In fact exist In
any case. then the person faborfng un.
der such an infirmity is, in so far as
criminal responsibility is concerned
In the same position as IL a stronger
inah shouid seize ms hand and com.
PEI hita. against ms VIII, to commit
Tue ACT
o.her states however, this
Phase OF insanity, IN spite OF the medi-
cal tesunony as TO its existence, is
Aot feeosnizea' out sach a condition
Vi miha ID regarded as mere moral
~peryerslon or passion SO long as the
KNOWS the nature n quail
NY Oh nus act and that 1t Is wrong;
.anh th's Is true IN new York under
lhe EXPRESS provisions OF the penal
cue ABOVE quoted. IN his State,
pu,se 10 q aeiehse II the accused did
ao' Know .ne nature and Quality OF
ms act, OF II ne lie not kno that II
was wfohs, oae NOT otherwise, even
.noush medical experts may all agree
= 'estilsihs thae the impulse was due
70 senulne and mat 1t was
Ffeis''oie
Emotional insanity.
Mere emotional insanity. so called.
where the person Knows the nature
and quality OF his act and that i. was
wrong. is no defense anywhere. and
is expressly excluded in New York
by the provisions Of the penal code
quoted above. II a man under the In.
iuenee of excitement, passion or fren-
~. caused by anger, jealousy. the pas
sion or revenge, or any otaer cause