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" If," observes the same court, "the tests of insanity are matters of law, the practice of allowing experts to testify what they are should be discontinued; if they are matters of fact, the judge should no longer testify without being sworn as a witness,... "
Proceedings of the American Medico-Psychological Association ... Annual Meeting - Seite 244
von American Psychiatric Association - 1899
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Band 6

1873
...the test asserted by himself. The predicament is one which cannot be prolonged after it is realized. If the tests of insanity are matters of law, the practice...showing himself qualified to testify as an expert. To say that the expert testifies to the test of mental disease as a fact, and the judge declares the...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Band 36

1888
...have undertaken to declare that to be law which is matter of fact." "If," observes the same court, "the tests of insanity are matters of law, the practice...without being sworn as a witness, and showing himself to be qualified to testify as an expert." State v. Pike, 49 NH 399. We first consider what is the proper...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Band 6

1873
...asserted by himself. The predicament is one which cannot be prolonged after it is realized. If the teste of insanity are matters of law, the practice of allowing...showing himself qualified to testify as an expert. •JTo say that the expert testifies to the test of mental disease as a fact, and the judge declares...
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The Popular Science Monthly, Band 5

1874
...that they must be governed in their verdict by the presence or absence of a particular symptom ? " If the tests of insanity are matters of law, the practice...showing himself qualified to testify as an expert." ' But, in truth, the tests of insanity are no more matters of law than are the tests of a poison or...
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Transactions

Illinois State Medical Society - 1875
...fact that should be determined by the jury upon evidence. "If the tests of insanity," says Maudsley, "are matters of law, the practice of allowing experts...judge should no longer testify without being sworn, and showing himself qualified to testify as an expert." In conclusion, we may safely adopt the language...
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Transactions of the International medical congress of Philadelphia. 1876

John Ashhurst - 1877 - 1153 Seiten
...State v. AVier, State v. Tike, State v. Jones, Boardman v. Woodman, 18G4, 1809, 1870. for the court." " If the tests of insanity are matters of law, the practice...fact, the judge should no longer testify without being <\vorn as a witness, and showing himself qualified to testify as an expert." In fine, all symptoms...
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Public Documents of the State of Wisconsin: Being the Reports of the ..., Band 1

Wisconsin - 1878
...the test asserted by himself. The predicament is one that cannot be prolonged after it is realized. If the tests of insanity are matters of law, the practice...showing himself qualified to testify as an expert." From the same opinion, we shall see also in what light the super intendents of asylums and other experts...
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The Carolina Medical Journal, Band 7

1881
...following admirable expression from the bench : " If," says Judge Doe, in State vs. Pike (40 XH 441), "the tests of insanity are matters of law, the practice of allowing eiperts to testify what they are should be discontinued ; if they are matters of fact, the judge should...
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Alienist and Neurologist, Band 5

Charles Hamilton Hughes - 1884
...they are practical difficulties to be solved by the jury, and not legal difficulties for the court. If the tests of insanity are matters of law, the practice...judge should no longer testify without being sworn a* a witness and showing himself qualified to testify as an expert. If it is necessary that the law...
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Principles of the Criminal Law: A Concise Exposition of the Nature of Crime ...

Seymour Frederick Harris, Frederic Philip Tomlinson - 1881 - 580 Seiten
...acquit him on that ground. If they so (p) S. v. Frances, 4 COT, 57. S»e also M'NcMijhten's Case. (5) " If the tests of insanity are matters of law, the practice...longer testify without being sworn as a witness, and shewing himself qualified to testify as an expert." — Judge Doe in State v. Pike, 49 New Hamp. Rep....
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