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" ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of committing the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the... "
A Treatise on the Law of Homicide in the United States: To which is Appended ... - Page 470
by Francis Wharton - 1875 - 794 pages
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 343

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1952 - 1030 pages
...defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing . . . ." 12 10 Ore....
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Transactions of the Albany Institute, Volume 10

Albany Institute - 1883 - 402 pages
...for his crimes until the contrary be proved to their satisfaction ; and that to establish a defense on the ground of insanity, it must be clearly proved...accused was laboring under such a defect of reason from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1873 - 962 pages
...an opinion of his own, but it did not in any way differ from the other Judges), says — "It must be proved that at the time of committing the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality...
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The Jurist, Volume 7, Part 2

1844 - 500 pages
...have to submit our opinion to be, that the jury ought to be told in all cases, that every man is to be presumed to be sane, and to possess a sufficient degree...time of committing the act, the party accused was labouring under such a defect of reason from disease of the mind, as not to know the nature and quality...
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American Law Magazine, Volume 3

1844 - 506 pages
...certain questions propounded to them by the house of lords, that to render a parly irresponsible, " it must be clearly proved that at the time of committing the act, the party accused was labouring under such a defect of reason from disease of mind, as not to know the nature and quality...
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Historia Placitorum Coronae: The History of the Pleas of the Crown, Volume 1

Sir Matthew Hale - 1847 - 784 pages
...every man if presumed to be sane and to possess a sufficient degree of reason, to be responsible fur Ǧ { P m- h( X UOZ, labouring under such a defect of reason from disease ot the mind as not to know the nature and quality...
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The Trial of William Freeman: For the Murder of John G. Van Nest, Including ...

William Freeman, Benjamin Franklin Hall - 1848 - 516 pages
...right and wrong at the time when the act was done. In such cases the jury should be instructed that " it must be clearly proved that at the time of committing the act the party accused was laboring under snch a defect of reason, from disease of the mind, as not to know the nature and quaKty of the act...
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The Monthly Law Reporter, Volume 17

1855 - 736 pages
...defence on the e round of insanity it must be clearly proved, that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Volume 5

Asa Kinne - 1852 - 392 pages
...same time contrary to law, he is punishable. In all cases of this kind, the jurors ought to be told that every man is presumed to be sane, and to possess...accused was laboring under such a defect of reason, from disease of the mind, as not to knmv the nature and quality of the act he was doing, or as not to know...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1854 - 622 pages
...defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know...
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