Before and at Trial: What Should be Done by Counsel, Solicitor and Client

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Edward Thompson Company, 1890 - 399 Seiten
 

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Seite 245 - ... to establish a 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 labouring 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 it, that he did not know he was doing what was wrong.
Seite 248 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Seite 61 - Nor do not saw the air too much with your hand, thus ; but use all gently ; for in the very torrent, tempest, and, as I may say, whirlwind of your passion, you must acquire and beget a temperance that may give it smoothness.
Seite 244 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of...
Seite 246 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable...
Seite 250 - We think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But...
Seite 237 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons : as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?
Seite 249 - If his delusion was that the deceased had inflicted a serious injury to his character and fortune, and he killed him in revenge for such supposed injury, he would be liable to punishment.
Seite 62 - Be not too tame, neither, but let your own discretion be your tutor; suit the action to the word, the word to the action; with this special observance, that you o'erstep not the modesty of nature...
Seite 193 - YOUR LORDSHIP MAY PROCEED IN WHAT MANNER YOU THINK FIT ; I KNOW MY DUTY AS WELL AS YOUR LORDSHIP KNOWS YOURS. I SHALL NOT ALTER MY CONDUCT.

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