2 Ga. App. 254 | Ga. Ct. App. | 1907
The plaintiff in error was convicted of the offense of voluntary manslaughter. He excepts to the judgment refusing a new trial. The testimonj'- in the case is extremely voluminous, but is substantially as follows: On the part of the State it was shown that after a trial in a justice’s court, in which Carter (the plaintiff in error) was one of the parties and the deceased, Reed, was a witness, Reed, in company with several other persons, started from the court-house toward home. The decision of the justice’s court was adverse to Carter. Reed was a witness at the trial, in behalf of one Townsend, who was the opposite party in the suit
The testimony for the defendant, as to the material issues in the case, was squarely in conflict with that for the State. Witnesses on behalf of the defendant testified, that Eeed made the first advance upon Carter, and struck him with his walking-stick, and that Eeed had a knife fin his hand. Some of the witnesses testified that they did not know whether the deceased struck with the knife or not, while others testified that' the deceased struck the defendant with the knife and cut his coat upon the shoulder, and that thereupon, while the deceased was still cutting at him with the knife, Carter stepped backward and fired. There was also testimony showing that there was a mutual intent to'fight and that Eeed drew his knife and Carter his pistol about the same time. The defendant also attempted to show that .he was insane; and testimony was permitted from several’witnesses showing that he was at times wild and irrational." He ’further offered evidence of partial or temporary insanityj of weakness of mind'in connection
The defendant moved for a new trial upon the general grounds, and upon grounds relating to the charge of the court and the failure to charge, as well as grounds relating to the exclusion and introduction of testimony, and to conduct of the court, which is claimed to have been prejudicial to the defendant, and upon the ground of newly-discovered evidence.
We can not see that the ruling of the court was, for the reason assigned, erroneous. In the first place, the instruction, that dying declarations are to be received with great-caution,'is more especially directed to the jury than to the judge. In the next place, the judge, in passing upon the admissibility of dying declarations, only determines whether a prima facie case has been established; and so far as the credibility of the witness is concerned, a court of review can not, from the very nature of the case, control his discretion. In the third place, the court permitted the discrepancy, in the statement by the witness to be proved to the jury; so that it was within their power to pass upon the questions of fact in
The complaint of the plaintiff in error is that the judge presented, the law of total insanity, and not a theory of partial insanity or temporary insanity or distortion of xnind gi owing out of a physical condition of the defendaixt and its effect (by reason of the shat
Counsel for plaintiff in- error insists, that, under the evidence as to the physical condition of the defendant, excitement would unbalance him and cause him to lose his normal judgment and discretion and make him like a man wild or crazy, and that under these conditions, although the defendant did not set up full insanity, nor seek to prove it as a complete defense, in and of itself, defendant was not to be held to use the same normal judgment, discretion, and coolness that the ordinary man would be called on to use, and that the judge should have instructed the jury that the ■defendant should be judged as he was, and not held to the standard required of the normal ordinary man unafflicted as he was, with reference to his conduct at the time of the difficulty; that the jury should have been instructed that they should consider the mental condition or distortion of mind of the defendant, if they believed such was caused by his physical condition, in determining whether the defendant acted in good faith, believing that there was a necessity for taking the life of his. assailant to save his own life ■or to prevent a felony from being perpetrated upon him. The exact exception to the charge quoted above is thus set out by plaintiff in error in his motion for new trial: “The defendant did not set up as matter of defense such insanity at the time of the homicide as would make him irresponsible for his acts under the general rules of law relating to pleas of insanity, but offered evidence of a partial or temporary insanit)», or weakness of mind or distortion of mind in connection with his weakened physical condition and his disturbed nervous system, and the habit of taking liquor and narcotics, as impairing his capacity, under circumstances of excitement or danger, to act with the same coolness and deliberation and discretion as the average or ordinary man would be held to act and judge; and the defendant by his counsel claimed, that, owing to his mental and physical condition, he would not be held, ■and should not be held by the court and jury to act with the same discretion and judgment as the ordinary physically and mentally .sound man, and claimed that the court should submit that question in his charge to the jury; that in determining as to whether he acted in good faith, believing that his life was in danger and that it was necessary to shoot the deceased to save himself, the jury
The objection is twofold, that the charge on, insanity, being irrelevant, was hurtful to the defendant; and that the real contention of the defendant upon this subject was not presented. We find no error in the charge complained of, and if fuller and more explicit instructions were desired they should have been requested. It appears from the record that evidence was introduced for the purpose of showing that the defendant was insane at the time of the homicide; and therefore it was incumbent' upon the. court not to turn the jury loose upon that evidence without chart or compass to aid them in applying it. And the rule announced by the court has been uniformly recognized in this State at least ever since the case of Roberts v. State, 3 Ga. 310. The rule there laid down by the Supreme Court is as follows: “If a man has reason sufficient to distinguish between right and wrong in’relation to a particular act about to be committed, he is criminally responsible.” The only exception made to this general rule is where the act done is connected with a peculiar delusion, and is committed in consequence of such delusion without criminal intent but by reason of the will being overmastered and overpowered by such delusion. The doctrine laid down in the Roberts case has never been overruled or questioned by the Supreme Court. The case has frequently been cited with approval. See Choice v. State, 31 Ga. 424; Danforth v. State, 75 Ga. 614, 58 Am. R. 480; Carr v. State, 96 Ga. 294, 22 S. E. 570; Flanagan v. State, 103 Ga. 625, 30 S. E. 550; Taylor v. State, 105 Ga. 775, 31 S. E. 764.
The judge could not present the theory of partial or temporary insanitj', insisted upon by the plaintiff in error, because there was no evidence that the defendant was acting under the influence of any delusion and that the act was committed in connection with such delusion. There has never been any morbid sentimentality on the subject of insanity in the decisions in this State, and yett there has been always the exercise of the largest humanity in behalf of the actually insane. The question is not without difficulty. As
In this ease no request was preferred, but had the deféndant obtained all he contended for in this ground of the motion, it eer■tainly could not have reduced the offense lower than voluntary manslaughter, and in view of the finding of the jury no possible harm was done him. The evidence upon the subject of insanity was introduced by the defendant in the testimony of Dr. Chapman, his sister, and other witnesses; and as insanity at the time of the ■commission of the alleged crime need not be specially pleaded but may be relied upon as a defense under the plea of general issue, we think the trial judge should have charged upon the subject. As there was no evidence of delusion on the part of the defendant ■or that he acted under the influence of such delusion in the commission of the act with which he was charged, there was no error in not extending the instructions given.
The fifth ground of the motion alleges that the court erred in rebuking one of the defendant’s witnesses in the presence of the jury and thereby prejudicing defendant’s case by discrediting his witness. This is specially insisted upon because plaintiff in error argues that the court was unfair, in the trial, to the defendant, and
The most that can be said as to the testimony of this witness, in so far as being of advantage to the defendant is concerned, is, that it tends to show that the deceased might have had a knife in his pocket when he was carried home and therefore might have had •one at the time of the difficulty. As this evidence is merely cumulative of the testimony of several witnesses for the defendant, who testified on the trial more strongly to the same effect, it affords absolutely no reason for granting a new trial. The other affidavit, made by Joseph Hendrix, can not be considered, because it is not accompanied by the affidavits of counsel or of the defendant or of witnesses vouching for deponent’s good character and association, as required by law.
After a very painstaking investigation and consideration of the mass of testimony in this case and careful examination into every •contention urged by the plaintiff in error, we are firmly convinced that no error was committed requiring the grant of a new trial. 'The evidence was conflicting; we have no power to disturb the verdict of the jury thereon. And if w'e had such power, the interest of society would not be subserved by its exercise in this case.
Judgment affirmed.