199 Pa. 335 | Pa. | 1901
Opinion by
Elmer E. Barner, the appellant, was a laborer and farmer and resided in Perry county, Pennsylvania until 1891 or 1892. He then was married and removed to Halifax township, Dauphin county, Pennsylvania, where he was engaged in farming until 1898. During the fall of that year he worked on a railroad as a laborer. In the spring of 1899 he removed to Parkston, South Dakota, where, shortly after his arrival, he was joined by his wife and three children. They resided with his sister for a few weeks and then went to housekeeping in a house purchased by him. During the time he was in the west, he was engaged at his trade as a carpenter. While there he accused his wife of having had improper relations in Pennsylvania with his brother, Irvin Barner, and with his brother-in-law, Isaac Miller. These accusations were frequently repeated. He alleged that the illicit connection was had in his own bed while he was under the influence of drugs administered by his wife. He told his wife he did not want to live with her. She said she would go east with him and satisfy him that his accusations of her infidelity were false. He sold his property in the west and on Monday January 9,1900, he with his family left Dakota for the east and arrived at the home of his brother-in-law in Perry county, Pennsylvania on January 11, 1900. They remained there until the following Monday morning, when they went to Millersburg, Dauphin county. There the family separated, the children going direct to Isaac Miller’s in Dauphin county, and the prisoner and his wife to Harrisburg. Here the prisoner, presumably in company with his wife, visited a pawn shop and purchased a re
The prisoner does not deny the killing, nor, as we understand, is it claimed that the ingredients of murder of the first degree do not exist, if the defense interposed does not avail the prisoner. The defense was delusional insanity and, as stated in the charge, wras that the prisoner “ was insane and that he was the victim of insane delusions originating in mental disease, and that this disease existed to such an extent as to overpower his reason and conscience and judgment so that he committed the act under an uncontrollable impulse, and is therefore not criminally responsible for it.” The alleged delusion consisted in the infidelity of the prisoner’s wife under peculiar circumstances with Irvin Barner, his brother, and with Isaac Miller, his brother-in-law. The trial resulted adversely to the prisoner and he has appealed.
The appellant has filed thirty-four assignments of error. The first eleven assignments are to excerpts from the charge of the court and to the answer to points for charge. From the twelfth to the nineteenth assignment inclusive, error is alleged in the
It is unnecessary to discuss any of these alleged errors in the charge and answers to the points. The decisions of this court have determined them all adversely to the appellant. The learned trial judge not only followed those decisions in his charge but quoted in some instances their very language. He correctly stated the degree of evidence required to establish insanity, what insane delusions would relieve the defendant from guilt in killing Miller and upon whom the burden of establishing these delusions rested. We need refer to only a few of the numerous decisions on the subject.
In Commonwealth v. Mosler, 4 Pa. 264, Chief Justice Gibson delivering the opinion of the court, says : “ It (insanity) must be so great as entirely to destroy his perception of right and wrong; and it is not until that perception is thus destroyed, that he ceases to be responsible. It must amount to delusion or hallucination, controlling his will, and making the commission of the act, in his apprehension, a duty of overruling necessity. . . . Partial insanity is confined to a particular subject, the man being sane on every other. In that species of madness, it is plain that he is a responsible agent, if he were not instigated by his madness to perpetrate the act. . . . The law is, that whether the insanity be general or partial, the degree of it must be so great as to have controlled the will of its subject, and to have taken from him the freedom of moral action.”
Insanity was the defense set up in Sayres v. Commonwealth, 88 Pa. 291. The prisoner was convicted. The judgment was affirmed, this court remarking that “ the case was tried with marked accuracy and care by the learned judge’ of the court below, and there is nothing to justify our interference.” In his charge to the jury, Judge Ludlow said: “If the prisoner at the bar, at the time he committed the act, had not sufficient
In Commonwealth v. Wireback, 190 Pa. 138, the prisoner relied upon insanity as his defense. Mr. Justice Dean in delivering the opinion of the court says: “Defendant’s first point, which raises the question, is substantially affirmed. The jury was told that if defendant committed the act under any delusion which controlled his will and made the commission of the act a duty of overruling necessity, the verdict should be not guilty on the ground of insanity. ... To convict of murder of the first degree the commonwealth must prove beyond a reasonable doubt the unlawful killing and the fully formed purpose to kill; it need adduce no proof whatever of the sanity of the prisoner; the law presumes that, and the presumption is conclusive in the absence of evidence to rebut it. If the accused alleges insanity, he must establish it by fairly preponderating evidence, or the presumption of sanity which the law raises stands unshaken. . . . There is no middle ground which the law recognizes ; nor does a doubt of sanity reduce the grade of the crime to murder of the second degree. From the very nature of the mental disease there can be no grading of it by degrees so as to accord with a degree in crime. . . . Either the offense of defendant is wholly excused, because the jury is satisfied by the preponderance of evidence of his irresponsibility, or he is guilty, because the evidence fails to so satisfy them.”
It will be observed that these decisions cover the objections to the charge as well as to the answer to the points. By reference to the parts of the charge complained of in the assignments, it will appear that the learned judge was clearly within all the reported decisions of this court and correctly stated the law applicable to the testimony produced on the trial of the cause.
The prisoner’s first point, the subject of the tenth assignment, should have been affirmed, but its refusal did him no harm. Neither it nor the answer was read to the jury. In the general charge, however, the court told the jury that if the defense of insanity was made out, it would end the case. This was an affirmative reply to the point. The eleventh assignment alleges error in the part of the charge referring to and commenting upon the testimony of one expert on each side of the case. We do not agree with the appellant’s counsel that that part of the
The remaining assignments (twentieth to thirty-fourth inclusive) allege error in parts of the charge and answer to points recited in former assignments on the ground that they are in violation of the first section of the fourteenth amendment to the constitution of the United States, which provides: “ Nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.” It is contended in support of these assignments that by reason of the errors alleged on the trial of the cause, the prisoner has been deprived of his liberty, and if the judgment is affirmed, will be deprived of his life without due process of law, in violation of the provision of the federal constitution. If we are correct in our conclusions, there was no error committed on the trial of the
The learned counsel for the prisoner urges that the court went beyond the authority of the adjudicated cases in charging that before the jury could acquit on the ground of insanity, “ they must be satisfied that he was not responsible.” This objection is not well taken. The effect and in most instances the language of the charge in this respect was, that before the jury could acquit on the ground of insanity, they must be satisfied by the preponderance of the evidence that the prisoner was not responsible for the killing. In his answer to the fifteenth and eighteenth points of the prisoner, the court told the jury that the insanity set up as a defense must be established by fairly preponderating evidence. This is sustained by all of our decisions.
It is also contended on behalf of the prisoner that the court erred in requiring him to establish his insanity by a preponderance of evidence. It is conceded that such is the doctrine of this court as laid down in numerous cases. It is maintained, however, that the rule is not in accord with the trend of modern judicial, decisions and that the reasoning on which it is based is fallacious. It is claimed that the true rule in such cases is that if from all the evidence the jury have a reasonable doubt of the prisoner’s sanity, they must acquit. Such was held to be the correct doctrine by the Supreme Court of the United States in Davis v. U. S., 160 U. S. 469. It is also contended that unless this court enforces that rule and the prisoner is tried and convicted in conformity with it, he will be deprived of his life without due process of law within the meaning of the fourteenth amendment to the federal constitution. We are not prepared to adopt the views suggested. By repeated decisions of this court the rule enunciated by it has been affirmed and we are not convinced that it is erroneous. The decisions of the Supreme Court of the United States on the subject are not of binding authority upon this court. Nor will a failure to comply with them and a conviction and execution of the prisoner in accordance with our own decisions on the subject, im
The nineteen points for charge presented to the court by the prisoner referred chiefly to insane delusions and were affirmed absolutely or with slight qualifications. The charge itself was explicit on both general and partial insanity, and with the answer to the points gave the jury full instructions for the determination of the questions presented for consideration under the facts of the case. We see nothing in the numerous assignments of error that would justify us in interfering with the judgment of the court below.
The judgment is affirmed, and it is ordered that the record be remitted to the court of oyer and terminer of Dauphin county that the judgment may be carried into execution according to law.