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" ... there be thought and design ; a faculty to distinguish the nature of actions ; to discern the difference between moral good and evil ; then, upon the fact of the offence proved, the judgment of the law must take place. "
A Complete Collection of State Trials and Proceedings for High Treason and ... - Page 947
1816
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The Adjudged Cases on Insanity as a Defence to Crime: With Notes

John Davison Lawson - 1884 - 1012 pages
...partial degree of reason, a competent use of it to restrain the passions which produced the crime, a faculty to distinguish the nature of actions, to...discern the difference between moral good and evil, then the party is responsible for his actions. The question must always be, 'lid he or did he not know at...
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Reports of Cases Argued and Determined in Ohio Courts of Record: Western law ...

1896 - 632 pages
...unusual case where the intoxication is such as to totally deprive the party of reason, so that he has no faculty to distinguish the nature of actions, to discern the difference between moral good and evil. A drunken man has, in ordinary cases, sense enough to form a purpose, and therefore may have malice...
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Archbold's Pleading, Evidence, & Practice in Criminal Cases: With the ...

John Frederick Archbold, John Jervis - 1905 - 1582 pages
...those passions which produce the crime; if there be thought and design, a faculty to distinguish tho nature of actions, to discern the difference between moral good and evil, — then he will be responsible for his actions. .Sfe £. v. ßit/yinsan, 1 С. & К. 129. On this direction...
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Psychology Applied to Legal Evidence and Other Constructions of Law

George Frederick Arnold - 1906 - 492 pages
...of it sufficient to have restrained those passions which produce the crime ; if there be thought and design, a faculty to distinguish the nature of actions,...discern the difference between moral good and evil, then he will be responsible for his actions (1 Russ. 13: R. v. McNaughten, 10 Cl. and Fin. 200 ; 1 C. &...
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The Methodist Review, Volume 54 ;Volume 76

1894 - 1020 pages
...unconscious, are everywhere the motive power of life." * The suicide, endowed with power of "thought and design, a faculty to distinguish the nature of actions,...discern the difference between moral good and evil," is, like the Stoic, without God and "without hope in the world." Eighteen centuries have passed since...
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A Selection of Cases on Criminal Law

Francis Bowes Sayre - 1927 - 1192 pages
...deTHE SOLICITOR GENERAL, in Earl Ferrers' Case, 19 How. St. Tr. 885, 948 (1760). My lords, the question must be asked: is the noble prisoner at the bar to be acquitted from the guilt of murder, on account of insanity ? It is not pretended to be a constant general insanity. Was...
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Delaware Reports: Containing Cases Decided in the Supreme Court ..., Volume 3

David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey - 1844 - 622 pages
...partial degree of reason, a competent use of it to restrain the passions which produced the crime — a faculty to distinguish the nature of actions —...discern the difference between moral good and evil; then the party is responsible for his actions. The question must always be, did he or did he not know at...
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Undertaker of the Mind: John Monro and Mad-Doctoring in Eighteenth-Century ...

Jonathan Andrews, Andrew Scull - 2001 - 396 pages
...sufficient to have restrained those passions, which produced the crime ... if there be thought and design; a faculty to distinguish the nature of actions; to discern the differences between moral good and evil, then upon the fact of the offence proved, the judgment of...
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The Anatomy of Madness: Essays in the History of Psychiatry, Volume 2

William F. Bynum, Roy Porter, Michael Shepherd - 2004 - 314 pages
...mixed with a partial degree of reason. Reason did not have to be complete, 'if there be thought and design; a faculty to distinguish the nature of actions; to discern the differences between moral good and evil, then upon the fact of the offence proved, the judgement of...
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Love and Madness: The Murder of Martha Ray, Mistress of the Fourth Earl of ...

Martin Levy - 2004 - 258 pages
...sufficient to have restrained those passions, which produced the crime ... if there be thought and design; a faculty to distinguish the nature of actions; to discern the differences between moral good and evil, then upon the fact of the offence proved, the judgment of...
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