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Train, Arthur Cheney, 1875-1945

"Courts and Criminals"


Question 4:--"If a person under an insane delusion as to
existing facts commits an offence in consequence thereof, is
he thereby excused?
Answer 4.--"The answer must of course depend on the nature
of the delusion; but, making the same assumption as we did
before, namely, that he labors under such partial delusion
only, and is not in other respects insane, we think he must
be considered in the same situation as to responsibility as
if the facts with respect to which the delusions exist were
real. For example, if under the influence of his delusion
he supposes another man to be in the act of attempting to
take away his life, and kills the man, as he supposes in
self-defence, he would be exempt from punishment. 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, be would be liable to punishment.
Question 2.--"What are the proper questions to be submitted to
the jury when a person, afflicted with insane delusions
respecting one or more particular subjects or persons, is
charged with the commission of a crime (murder, for instance),
and insanity is set up as a defence?
Question 3.


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