54 Ga. 371 | Ga. | 1875
7. Upon the whole, we think there ought to be no new trial. The evidence of the killing is conclusive, and it is plaihly murder, or nothing. It is inconceivable, if the defendant is insane, that it could not be proven after his three years’ residence, and with some of the Atlanta witnesses present." Yet, no effort was made; and in the testimony there is’no evidence of the insanity, but the “madness” of the act. Unfortunately for human nature, that sort of madness is too common for courts and juries to heed it. The argument that sustains it is, that the more atrocious a deed of wickedness is, the more innocent is the perpetrator.
Judgment affirmed.