 | Ebenezer Haskell - 1869 - 162 pągines
...have been able to examine satisfies me that the true test in all these cases lies in the word "power." Has the defendant in a criminal case the power to...from wrong, and the power to adhere to the right and to avoid the wrong? In these cases has the defendant, in addition to the capacities mentioned, the... | |
 | 1888 - 564 pągines
...to exempt him from responsibility for criminal acts. He is then not insane. The true test is this: Has the defendant in a criminal case the power to...avoid the wrong? Has the defendant, in addition to this, the power to govern his mind, his body and his estate? If he has these powers, he must exercise... | |
 | 1873 - 532 pągines
...the charge of the judge in Haskell's case, where he says : ',' The true test lies in the word power. Has the defendant in a criminal case the power to...and the power to adhere to the right and avoid the terong f " Fisher on Insanity, p. 83. The question of sanity has usually been presented upon the validity... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1870 - 616 pągines
...Commonwealth v. Haskell (See 4 Am. Law Rev. 240), thus: "that the true test lies in the word, power. Has the defendant in a criminal case the power to...from wrong, and the power to adhere to the right and to avoid the wrong? Has the defendant, in addition to the capacities mentioned, the power to govern... | |
 | Isaac Ray - 1871 - 658 pągines
...case, the court said : " The true test [of responsibility] lies in the word, power. Has the defendant the power to distinguish right from wrong, and the power to adhere to the right and to avoid the wrong ? " 6 On the contrary, Chief Justice Hornblower, of New Jersey, echoes the doctrine... | |
 | United States. Supreme Court - 1873 - 740 pągines
...approves the charge of the judge in Haskell's case, where he says: " The true test lies in the word power. Has the defendant in a criminal case the power to...the power to adhere to the right and avoid the wrong t" The question of sanity has usually been presented upon the validity of an agreement, the capacity... | |
 | 1873 - 960 pągines
...the charge of the judge in Haskell's case, where he says : " The true test lies in the word power. Has the defendant in a criminal case the power to distinguish right from wrong, and the poiver to adhere to the right and avoid the wrong?" — (Fisher on Insanity, p. 83.) The question of... | |
 | Charles Hamilton Hughes - 1884 - 788 pągines
...Brewster, of the Phila. Common Pleas, in 1868, who held that the true test lies in the word " power." " Has the defendant in a criminal case the power to...power to adhere to the right and avoid the wrong?" (Wharton and Stille, $ 159)Shaw, CJ, in Commonwealth vs. Rogers (Bennett and Heard, leading criminal... | |
 | Joseph W. Donovan - 1881 - 710 pągines
...the case of Stevens v. The State and Bradley v. The State may be summed up in a single sentence: " Has the defendant in a criminal case the power to distinguish right from wrong and the mental power to adhere to the right and avoid the wrong?" First, insanity may be said to directly affect... | |
 | Medico-Legal Society, Medico-Legal Society of New York - 1886 - 628 pągines
...accuracy. They arc expressed in the words following : " The true test in all cases lies in the word power. Has the defendant in a criminal case the power to...power to adhere to the right and avoid the wrong?" (Vid, Stevsns vs. State, 31 Indiana, 485, and State vs. Ft Her, 25 Iowa, 67.) After a careful consideration... | |
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The true test lies in the word ' power.' Has the defendant in a criminal case the power to distinguish right from wrong, and the power to adhere to the right and avoid the wrong V 
