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Seite 191 - said, it was a universal principle, that when a man is charged with doing an act of which the probable consequence may be highly injurious, the intention is an inference of law resulting from the doing of the act ; and here it was alleged that he delivered the loaves for the use and supply of the children,
Seite 419 - however, it ought to be proved by the most distinct and unquestionable evidence, that the criminal was incapable of judging between right and wrong. It must, in fact, be proved beyond all doubt, that at the time he committed the atrocious act with which he
Seite 419 - which he stood charged, was or was not incapable of distinguishing right from wrong, or under the influence of any illusion in respect of the prosecutor which rendered his mind at the moment insensible of the nature of the act he was about to commit, since in that
Seite 481 - as demonstrative of such a fact as where the object of the proof is to establish derangement. Perhaps it would be more just to observe, that if, on the one side, derangement has been clearly proved, a lucid interval must also be clearly and satisfactorily proved on the other side. But there
Seite 419 - of such atrocity as the present, the relation between the disease and the act should be apparent. Where the connexion is doubtful, the judgment should certainly be most indulgent, from the great difficulty of diving into the secret sources of a disordered mind ; but still, I think, that as a doctrine of law, the delusion and
Seite 419 - be extremely circumscribed ; although the mind may be quite sound in all that is not within the shades of the very partial eclipse ; and although the act to be avoided can in no •way be connected with the influence of the insanity ; but to deliver a lunatic from responsibility to criminal justice, above all, in a
Seite 477 - and without soundness of mind there can be no legal consent—none binding in law : insanity vitiates all acts. Nor am I prepared to doubt, but that considerable weakness of mind, circumvented by proportionate fraud, will vitiate the fact of marriage—whether the fraud is practised on his ward by a party who stands in the
Seite 139 - now to add, that he afterwards made several voyages to sea, in which he was able to go aloft with considerable agility, and to perform all the duties of a seaman ; that he was twice shipwrecked, and suffered great hardships without feeling any
Seite 419 - Sir Simon Le Blanc, before whom the trial took place, after summing up the evidence, concluded by observing to the jury, that it was for them to determine whether the prisoner, when he committed the offence with which he stood charged, was or was not
Seite 83 - whenever in a dream he found himself on the brink of a precipice, to throw himself over, and so dissipate the vision. By persevering in this method, he so removed the propensity that, for forty years, he was never sensible of dreaming, though he was very attentive in his observation on the subject.