 | 1873 - 462 Seiten
...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... | |
 | 1888 - 564 Seiten
...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... | |
 | 1873 - 464 Seiten
...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... | |
 | 1874 - 806 Seiten
...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... | |
 | Illinois State Medical Society - 1875 - 302 Seiten
...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... | |
 | 1877 - 1284 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... | |
 | Wisconsin - 1878 - 966 Seiten
...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... | |
 | 1881 - 434 Seiten
...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... | |
 | Charles Hamilton Hughes - 1884 - 788 Seiten
...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... | |
 | Seymour Frederick Harris, Frederic Philip Tomlinson - 1881 - 678 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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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,... 
