The Encyclopdia of Evidence volume 7

Cover The Encyclopdia of Evidence volume 7
The Encyclopdia of Evidence volume 7
Edgar W Edgar Whittlesey Camp
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W. 475. It was said that from the proof of insanity previous or subsequent to the commission of the act, no pre- sumption arises that the person was insane at the time he committed the crime.
62. United States. — UaW v. Lin- ger, 4 Sawy. 672, II Fed. Cas. No.
5949- Alabama. — Porter v. State, 135 Ala. 51, 33 So. 694.
. 4rkansas. — McDamil v. Crosby, 19 Ark. 533.
Vol. VII 464 INSANITY.
hold gcKxl in cases of occasional or intermittent derangement, " or of partial insanity. "* IV. MEASURE OR DEGR
...EE OF PROOF.
1. In Civil Cases. — When insanity is relied on as a defense in a civil case it must be established by a preponderance of evidence. "** 2. In Criminal Cases. — When insanity is set up as a defense in a criminal case, the rule as to the measure of proof required is different in the several jurisdictions. In some it has been held California. — People v. Francis, 38 Cal. 183; People v. Smith, 57 Cal. 130.
Georgia. — Dicken v. Johnson, 7 Ga. 484.
Illinois. — Taylor v. Pegram, 151 111.


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