Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1907-02-17

sary that the defendant shall have been
! totally insane. and on all subjects, but
/ mOnomania, or an insane delusion. may
be sufficient to exempt, although on all
| other subjects the accused may have
/ been perfectly sane. Whether il is or
] not in New York must be determined
! by applying the test laid down in sec
! ton u of the Penal Code above quoted;
and therefore an insane delusion is 4
defense if it was such as to prevent
! the accused from knowing the nature
and quality OF his act. or from know
/ ing that il was wrong. but not other
wise. People Y. Taylor 13S y. Y. 3gS.
/ The rule as to this phase Of insanity is
correctly given in y CyclOpedia Of Law
and Procedure. .. So. in substance as
follows: If the defendant is partially
insane, that Is. subject to insane de-
lusiOns as to certain things. but in
other respects sane. he is not criminally
responsible if the homicide would be
eXcusable or justifable in case the
facts were as his delusion leads him 10
believe them to be: but if the homicide
would not be jUstifable or oxcusable
under those circumstances. the delusion
is generally held not TO free him from
responsibility See People Y. Taylor,
i3S y. Y. 39S: Guiteau's case, 10 Fed.
16l.
ITO illustrate: If a man kills another
under the influence Of an insane delu-
sion that God has commanded him to
do SO. he is guilty of no crime. for. in
stead Of knowing that the act is wrong,
he believes il to be right OF course,
Of such a delusion is 4 question for the
jury on the evidence. The same is true
if a man kills another under the influ-
ence of an insane delusion that the
other is in the act of attempting to kill
him Ohe slayer or to inhict grievous
bodily harm. for if such We're really the
case. the homicide would be justifiable.
And the rule also applies if man kills
another under an insane delusion that
the killing is necessary to save his
wife from death or great bodily harm, |
for ne has the same right TO defend
his wife as he has TO defend himself
ION the other hand if a man kills
another in revenge under an insane de- !
fusion that the other has inflicted a
serious injury to his character or for
tune he is fully responsible. for even
if the supposed facts were true. they
would not Justify or excuse the hOmi- |
eide And the same is true if a man |
kills another i'm revenge or jealous pas |
sion under an insane delusion that the !
other has ruined his wife or is attempt !
ing to take her from him. for such !
facts. If they really existed. would not I
justify or excuse. See People V Taylor, |
I3S y. Y. 39S
In any ease there must. to exempt |
from responsibility, be a direct connec- !
ton between the monmania or delu- !
sion and the homicide, and care must !
be taken to distinguish an insane de- !
fusion from the erroneous conclusion |
Of a sane mind, which is no defense. 4 |
eve Cos.
IRRESISTIBLE IMPULSE.
at is held in Alabama. MassachU- |
sets. New Hampshire. Pennsylvania, |
and a number of other states, that a |
man is not responsible for a homicide |
committed under the influence of an |
insane irresistible influence. although |
he may know the nature and quality |
of his act and that it is wrong. on the |
ground that medical experts practic- |
ally agree that such a mental condition |
may exist as the result Of genuine in |
sanity and If il does in fact exist in |
any case. then the person labOring I'M |
der such infirmity is. in So far as I
criminal responsibility is concerned. in |
the same position as if Il stronger man |
should sieZe his hand and compel him !
against his will to commit the act q |
Cyc Sos. collecting many cases in the
various states
In other states however. this phase |
Of insanity. in spite Of the medical tes-
timOny as to its existence. is not rec J
ognized (21 eye 664. 665): but such |
condition Of mind is regarded as mere |
moral perversion or passion so long as
the slayer knows the nature and quail /
ity of his act and that it is wrong: and /
this Is true in New York under the cX- |
press provisions of the Penal Code ;
above quoted. In this state. therefore. !
an insane irresistible impulse is a de- /
Tense if the accused did not know that I
it was wrong, but not otherwise, even