The Birmingham age-herald., 1921-07-03
INSANITY PLEA
 IS TOO GENERAL,
 COURTS OPINION
Opinion of Court of Appeals In Wade Case Is Drawing Wide Comment By
 Attorneys
Fly FRED H. GORMLEY Montgomery Bureau, The Age-HeraId 2212 First National Bank Building

In an opinion prepared by Judge Charles R. Bricken, presiding judge of the court of appeals, the appel late court put forth some observa- tons about the modern tendency of all persons who find themselves in fly to plea of insanity for relief and refuge. The opinion, which was rendered in the case of Charley Wade of Jefferson county, who was given 20 years in prison for mayhem, has been commented upon by attorneys since it-was published.
 Wade was convicted of mutilating another man. He pleaded not guilty by reason of insanity. When the case was called for trial the trial judge excluded all persons from the court room except relatives of the parties concerned, officers of the court and attorneys. The defendant made no objection to this procedure, but after he was convicted, he based his ap- peal on the contention that he had been deprived of the right of a pub lie trial as provided and guaranteed by the constitution. The court of ap- peals he'd that the trial was suf- ficiently in the open to guarantee Wade all the rights which were his, and intimated that the rules of olden days which have not longer scr vice to perform should be cast aside in favor of rules which will bring all legal proceedings in line with the modern ways of doing things.
 Seize on Obsolete Rules
 Rules that were sound and very probably necessary in the age that gave them birth--but which are now obsolete--have been perpetuated by courts and seized upon by zealous advocates, intent upon bringing about the acquittal of client In hand case until their purpose and mission have sometimes been lost sight of; finical reasoning has in some in- stances distorted great principles. until they no longer are looked upon by many as a shield to the innocent. but as barrier to protect the guilty" said the opinion of Judge Bricken.
 As a result, society is being made the prey of constantly increasing criminal element, constantly increas- ing because courts and lawyers are at times prone to live in an age SGNtIdl DcHlHu llo lllllco, to solve and adjudcate modern prob lems and cases looking through glas- ses that have become murky with the cobwebs of time. The question now seems to be not so much the protec- tion of the innocent as 1t is the abil- ity of the courts to finally punish the guilty. If we ever reach the poilN where it will be cheaper to be a crim- inal than otherwise, it will be because of the reluctance of courts and law yers to abandon antiquated prece- dent, developed In an age and under conditions entirely different from the present and their failure to cut loose from some rules that cannot affect the merits of a modern trial.
 Society Has Rights.
 We do not intend to intimate by anything we have said that the court has any idea of striking down con stitutional right of defendant inc a criminal case, but We do mean to say that society as whole has some rights and that the rights of the de- fendant must be considered with due regard to the rights of the state. We must not concentrate so inetntly on the rights of the accused as to lose sight of the right of society to pro tect itself against its criminal ele- ment; the court must not be con- verted into an agency for the lber- alton of the guilty rather than an organization for the protection of the innocent"
 And the court then proceeded to define again the insanity plea which If proved may relieve a person of criminal Responsibility for his ot Tense. Tn this age when insanit- seems to be a popular defense in a desperate case. 1t amy not be out of Fiace 10 reiterate some of the re- qGifements of law in cases where that oeiense Is interposed," continued the olnnion. While insanity is recoye nized as complete defense to cr,me the law requires that it should ha leai insanity, mental disease. a, eistihguished from some emotion worked up for the particular occasion way to- sNes
 Crude CamoufIace
 The defense of insanity in th;, case, to say the least of if annsa:s to be crude quality of camonfla ra me evidence in support of if |. pareiy sufficient to authorize tb, suohhission of that question to tbe Jury trial courts cannot be too carp- lui Tn seeing to it that this humane ue1ense permitted by law is not prostituted and used as a cloak to shleid criminal in distress. Juries snou!d not be misled by references to irresistible impulses. They may well iooh with suspicion on non-expert ,, op',,ions gwen by close relatives and Weli-wishing friends that claim to nave observed mental peculia riti,,s Tor some period of time prior to thf commission of the crime, but who nave not taken any steps towards haVing the defendant detained or ra stored through the intervention of scientific treatment. A man sniff clently unbalanced to be excusad from the penalty for crime is suf- iiciently unbalanced to be the obiec, or solicitous care on the part of in- innate friends and relatives as a general rule.
 An irresistible impulse generated by wicked propensities will not ex. cuse the violation of law. Denrev- lty is not disease High temper not blood and passion are not such mental ailments as will excuse the commission of crime. The so-calIed emotional insanity is not recognized as defense In criminal case.
 Burden on Defendant
 when a defendant invokes the defense of insanity under the law of Alabama, the burden is placed on him by law to reasonably satisfy the Jury from the evidence, first of all that at the time the crime was com mitted he was as a matter of fact afflicted with real disease of the mind and to such an extent as to be either idiotic or otherwise insane. If the evidence does not show the de- fendant was actually suffering from and afflicted with a disease of the mind at the time the crime is alles ed to have been committed, his plea of insanity cannot be sustained and i. should receive no further consider alton at the hands of the jury, Jf