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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 Student's Hand-book of Forensic Medicine and Medical Police

Henry Aubrey Husband - 1883 - 598 Seiten
...exploded medical theories in the place of facts established in the progress of scientific knowledge. If the tests of insanity are matters of law, the practice...showing himself qualified to testify as an expert.' Lunacy, what Constitutes ? — (8 and 9 Viet. , e. 100, sees. 90 and 11 4-) Imbecility and loss of...
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The Adjudged Cases on Insanity as a Defence to Crime: With Notes

John Davison Lawson - 1884 - 953 Seiten
...500. Mr. Justice Doe's Opinion. 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 tests of mental disease as a fact, and the judge declares...
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Principles of the Criminal Law

Seymour Frederick Harris - 1884 - 596 Seiten
...acquit him on that ground. If they so !p) R. v. Frances, 4 Cox, 57. See also M'Naiighten's Cate. (q) " If the tests of insanity are matters of law, the practice of allowing experts to testify what the}' are should be discontinued : if they are matters of fact, the judge should no longer testify...
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Transactions

Medical Society of New Jersey - 1884
...be governed in their verdict by the presence or absence of a particular symptom ? Judge Dix says : " If the tests of insanity are matters of law, the practice of allowing medical experts to testify what they are should be discontinued. If they are matters of fact the judge...
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Principles of the Criminal Law

Seymour Frederick Harris - 1885 - 460 Seiten
...Drunkenness is sometimes termed dementia affectata — acquired madness. A state of voluntary into) " If the tests of insanity are matters of law, the practice...witness, and showing himself qualified to testify as an OTpert."— Judge Doe in State v. Pike, 49 NH 399. (r) 39 and 40 Oeo. 3, c. 4, g 1 ; 3 and 4 Viet.,...
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The American Reports: Containing All Decisions of General Interest ..., Band 60

Isaac Grant Thompson - 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 Juridical Review, Band 2

1890
...by himself (a). The predicament is one that cannot long be tolerated when it is once fully realised. If the tests of insanity are matters of law, the practice...showing himself qualified to testify as an expert." Quod esset dbsurdum. Would it not be at once more reasonable and more dignified to abandon an equivocal...
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Kansas Medical Journal: Topeka, Band 2

1890
...the sentence. The absurdity of such procedures is well summed up by Judge Doe, of New Hampshire. " If tests of insanity are matters of law, the practice...showing himself qualified to testify as an expert." In dealing with any forensic question the physician's first duty is to determine whether such a thing...
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The General Principles of the Law of Evidence: In Their Application to the ...

Frank Sumner Rice - 1894 - 979 Seiten
...duress of one's actions, do not destroy his mental capacity to entertain a criminal intent. the 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, 6 Am. Eep. 533; Parsons v. State,...
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American journal of psychiatry, Band 56

1900
...what it is. " Jurists," says Ray, " who have been so anxious to obtain some definition of insanity which shall furnish a rule for the determination of...showing himself qualified to testify as an expert." The French penal code declares that, " There can be no crime 'Judicial Aspects of Insanity. Ordronaux,...
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