in respect of one or more
particular subjects or persons, as, for instance, where, at the time
of the commission of the alleged crime, the accused knew he was acting
contrary to law, but did the act complained of with a view, under the
influence of insane delusion, of redressing or revenging some supposed
grievance or injury, or of producing some supposed public benefit?
Answer 1.-"Assuming that your lordships' inquiries are confined to those
persons who labor under such partial delusions only, and are not in
other respects insane, we are of opinion that, notwithstanding the
accused did the act complained of with a view, under the influence of
insane delusion, of redressing or revenging some supposed grievance
or injury, or of producing some public benefit, he is, nevertheless,
punishable, according to the nature of the crime committed, if he knew
at the time of committing such crime that he was acting contrary to law,
by which expression we understand your lordships to mean the law of the
land.
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, he 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.--"In what terms ought the question to be left to the jury as
to the prisoner's state of mind when the act was committed?
Answers 2 and 3.--"As these two questions appear to us to be more
conveniently answered together, we submit our opinion to
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