Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 286
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Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 286

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 286


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ... State v. Weagley. ments, that such killing was wrong, and that he, the defendant, at the time was incapable of understanding that this act of killing was a violation of the laws of God and of society; if the jury find that he was so insane, they should find him not guilty. Insanity is either partial or general. General insanity always excuses. Partial insanity does not always excuse. One may be partially insane and yet be responsible for his criminal act. "The law does not excuse, unless the derangement is so great that it actually renders the person incapable, at the time of its commission, of distinguishing between right and wrong in the particular act charged and proved against him." The use of the word "excuse" in the initial sentence instead of the word "defense" is urged as prejudicial. This is a rather finical distinction. One of the well defined meanings of an excuse is a justification. A defense is nothing more. An excuse is also defined, especially in legal literature, as a plea offered in extenuation of a fault. Bouvier L. Diet.; State v. MeDaniel, 68 S. C. 304; Reg. v. Harvev, Law Rep. 1 C. C. 284, 11 Cox, C. C. 662; 17 Cyc. 874. A defensive plea, therefore, to a criminal charge is in a sense an excuse. We said as much in State v. Pagels, 92 Mo. l. c. 309 and in numerous later cases. Burgess, J., in that virile English which characterized his best opinions, gave express recognition to this meaning of the word in State v. Lewis, 136 Mo. l. c. 92, in saying: "But the homicide being shown to have been committed by the defendant, the burden was upon her to show some legal justification or excuse for it, and if excusable on the ground of insanity, it must have been shown to the reasonable satisfaction of the jury." In State v. Ilolloway, 156 Mo. 1. ...


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Product Details
  • ISBN-13: 9781154284454
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 268
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 115428445X
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 485 gr


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