Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-02-07

BISMARCK DAAiy TRletssR. Tfil
course question of fact winch must be
determined by the jury from The evii-
dence; but there are certain tests es-
tablishe dby law IN this state, as else
where, for determination of the question
whether, If he was to some extent I'M
sane, his insanity was sufficient TO ex-
enpt him from respons, Gty.
In the Ilrst 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
act was wrong, he is not responsible,
and must be acquitted N. Y. Penal
Code, 20, q; u Cyc. 166; q Cyc. 66S. J
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 res
possibility, where the person knew the
nature and quality of his act, and that
it 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 liza
Bile to yield to passion than if he were
mentally sound. (12 Cyc 10; q Cyc.
666. Proof of such condition, how
ever, by excluding the elements of de-
liberation and generalization, if the evil
dence shows that it did SO, but not other
wise, will reduce the homicide to murder
in the second degree. People v. Bar:
beri, 149 N. Y. 256; 81 Cyc. 1872
Perhaps there may be such thing
as genuine insanity produced by anger,
jealousy or revenge, and if there is,
which is a 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-
.guishe from turbulence of passion pro-
duced by desire for revenge (People
v. Foy, 1873, N. Y. 666, SGT and it must,
as is expressly required by section 81
Of the Penal Code, have been such as to
render the accused incapable of knowing
the nature and quality of his act or Of
knowing that it was wrong. The heat
OF passion and feeling produced by MOI
tiyes of anger, hatred or revenge is not
insanity and affords no ground Of ex-
ernption from responsibility. (People
y. Foy, 1873 N. Y. 666, 667.
In some states a phase of insanity
known as insane irresistible impulse, re-
sulting from mental defect or disease, is
recognized as a ground of exemption
from possibility for a crime commit
ted under its influence; it being held in
these states tina if an insane impulse SO
oYermasters the will Of a person as to
irresistibly impel him to the commission
of a homicide, he is not responsible, al
though he may know the nature and
quality Of his act and may know that
it is wrong. (12sCyc. 1859 81 eye. 665.)
In other states, however, this doctrine
is not recognized, and it has no place in
the law of New York In this state ii
. Fs 49,. = "a 2 q !
is expressly provided by statute that a
person is not excused from criminal LA
bility as an insane person except upon
proof tliat,sat the time of committing the
alleged criminal act, he was 1aboring I'm
der such defect of reason as either (1)
not to know the nature and quality OF
the act he was doing; or (2) not to
know that the act was wrong; and
further, that a morbid propensity to
commit prohibited acts, existing in the
mind OF person who is not shown tc
have been incapable of knowing the
wTongfulness Of such acts, forms no de.
Tense to a prosecution therefor IN. Y
Penal Code, 81, %; and see 10 Cyc. 1869;
81 Cyc 664.
In the Carpenter case (1O2 N. Y
238), where the defendant had killed
his wife by repeatedly stabbing her with
a knife, in the presence OF a number 81
people, IN the open street, and in broad
daylight, the court Of appeals held thai
the trialcourt did not err in refusing the
defendants request to charge the jury
that it some controlling disease was il
truth the acting power within him (ths
prisoner which he could not resist, o.
if he had not sufficient use of his rea.
son to control the passion which prompt.