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" ... 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 it, that he did not know he was doing... "
Publications - Nebraska State Historical Society - Page 509
by Nebraska State Historical Society - 1905
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Philosophy of Criminal Law

Francis Wharton - Criminal law - 1880 - 362 pages
...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...that he did not know he was doing what was wrong." 1 In this country, whatever may have been the hesitancy as to the enunciation of other propositions...
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A Treatise on Criminal Law: By Francis Wharton ...

Francis Wharton - Criminal law - 1880 - 844 pages
...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...that he did not know he was doing what was wrong." 1 In this country, whatever may have been the hesitancy as to the enunciation of other propositions...
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The Medical Jurisprudence of Insanity: With References to the Scotch and ...

John Hutton Balfour Browne - Insanity (Law) - 1880 - 722 pages
...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. Q. 4. If a person under an insane delusion as to existing facts commits an offence in consequence thereof,...
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Criminal Law, Pleading and Practice in the Courts of the State of California ...

California - Criminal law - 1881 - 806 pages
...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...that he did not know he was doing what was wrong. 3. If a person labors under a partial delusion, and is, in other respects, sane, he is to bo considered...
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The Legal News, Volume 4

1881 - 508 pages
...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...that he did not know he was doing what was wrong. The mode of putting the latter part of the question to the jury on these occasions has generally been,...
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The American Reports: Containing All Decisions of General ..., Volume 35

Isaac Grant Thompson - Law reports, digests, etc - 1881 - 896 pages
...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...that he did not know he was doing what was wrong. The mode of putting the latter part of the question to the jury on these occasions has generally been,...
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Gaillard's Medical Journal and the American Medical Weekly, Volume 32

Medicine - 1881 - 592 pages
...it is said " it must be clearly proved that at the time of committing the offence, the party accused was laboring under such a defect of reason, from disease...that he did not know he was doing what was wrong." And in a very late case in our Court of Appeals a charge in that language was held to present the law...
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The Victorian Review, Volume 4

H. Mortimer Franklyn - 1881 - 830 pages
...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." Here we come at once on the difference between the lawyers and doctors, and the error of requiring...
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The York Legal Record, Volume 2

Law - 1882 - 264 pages
...a 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." This, said the Lord Chief Justice, is a more accurate way of putting the question to the jury, than...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volume 6

Law - 1881 - 1116 pages
...mental disease that the party is not capable of knowing the nature or quality of the act, or, if he did know it, that he did not know he was doing what was wrong. But drunkenness is never an excuse for crime, except where it has continued so long and been earned...
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