264 Pa. 362 | Pa. | 1919
Opinion by
The defense of the accused was insanity and the burden was on him to prove, by fair preponderance of the evidence, that he was insane when he killed Swartz. This burden rested on him throughout the trial and he was required not only to adduce evidence as to his own insanity, but also such corroborating proofs as he desired to submit. He proposed (a) to show, by his father, that he, the father, was of a nervous temperament, excitable and eccentric; or, in other words, the witness was called upon to prove his own insanity; (b) to show, by the same witness, that he had two children who had been committed to insane asylums, that a sister of the accused’s mother was of unsound mind, and children of the mother’s brother are of unsound mind. This for the purpose of showing “an hereditary tendency to insanity.”
For obvious reasons, under the circumstances of this case, the witness should not be permitted to testify to his own insanity, or such acts from which insanity might be inferred. It would open the door to a very wide field into which much fraud, dishonesty and perjury may creep, to say nothing of the ability of the witness to judge of the matter: O’Connell v. Beecher et al., 47 N. Y. S. 334, 21 N. Y. App. Div. 298.
As to the second proposition, it was once ruled that it was not permissible to prove, either in criminal or civil cases, that other members of the same family have been decidedly insane: People v. Garbutt, 17 Mich. 9, 17, 97 Am. Dec. 162; A. & E. Encyc. of Law, Vol. 16, p. 613;
Therefore, it has been ruled that hereditary insanity of itself is not independent proof of the insanity of the prisoner, but it is circumstantial evidence used to corroborate other more direct proof of insanity in the accused. Of itself it cannot be used as a defense: 1 Wharton & Stille’s Medical Jurisprudence; People v. Gambacorta, 197 N. Y. 181; Wigmore on Evidence, Vol. 1, sec. 232; State v. Cunningham, 72 N. Car. 469, 474; Guiteau’s Case, 10 Fed. 161.
Before receiving such evidence as grounds for a presumption of possible insanity, there must be some evidence showing insanity in the accused: Laros v. Com
It must also appear that the disease is hereditary, or transmissible, so as to taint the family blood: Walsh v. People, supra; Reichenbach v. Ruddach, 127 Pa. 564; State v. Van Tassel, 103 Iowa 11; 72 N. W. Rep. 497; In re Myer’s Will, supra.
This last proposition is not entirely free from doubt in some states, and, though the insanity may be transmissible, the line in which it must appear is a little uncertain. The court below declined to receive the evidence because there was no proof of insanity in the direct ancestral line, and while it was in error in so holding, under the offer and the record as it now stands its action in declining to receive this evidence must be approved. The question, as it bears on the last proposition of law, may be stated thus: in the absence of any proof whatever of insane conduct on the part of the accused’s direct ancestry, may such existence be inferred from evidence to the effect that the accused and his collateral ancestors of near degree were suffering from hereditary or transmissible insanity, or had so suffered? Illustrations have been given in the textbooks and digests of instances, where evidence of insanity in blood relations of the accused, such as nieces, nephews, brothers and sisters, uncles and aunts, has been received. In many of these cases it does not clearly appear that insanity in the direct ancestral line had been previously shown. The reasons why such evidence should not be required are well stated in a discussion of this subject in Wharton & Stille’s Medical Jurisprudence, Chap. 30, and summed up by Wigmore, supra, in the statement that hereditary insanity may pass over a generation or individual before reappearing later on. The difficulty in obtaining proof in the direct ancestry is apparent. In People v. Garbutt, supra, where it was not claimed that
In Walsh v. People, supra, a leading case, one of the defenses interposed was that the accused was afflicted with insanity superinduced by epilepsy. An effort was made to show that the brother was suffering from the same malady. The trial court ruled that it was not shown that epilepsy induced, or tended to induce, insanity, or that the disease was transmissible. The court said: “The insanity of parents, or relatives, is also admissible upon the issue of insanity. It tends to show an hereditary taint, and supplements evidence of insanity of the accused. When the question as to the conduct of the plaintiff’s brother was asked, it had neither been shown that the father was insane, or that the prisoner was afflicted with epilepsy, or other disease. The conduct of the brother as an isolated, independent fact, was wholly immaterial, and the question asked did not necessarily point to evidence of insanity in him. We think the
In In re Myer’s Will, supra, the court says: “The case is barren of facts which tend to show that the paresis with which the mother and brother of testatrix are said to have been afflicted was acquired by them under circumstances that would render it transmissible so as to taint the family blood......The medical writers differ as to its cause or causes......Whether the particular form of the disease from which the testatrix and her family suffered was of such a transmissible character that she might be said to have derived it from her ancestors cannot be determined from the evidence in the record...... There must be evidence tending to show at least that such diseases are hereditary or transmissible.”
It is clear that the great weight of authority seems to be that if insanity is shown in the accused, and insanity be shown in collateral kindred of not too remote a degree, and the insanity with which each suffers is transmissible or hereditary in that it may or will reappear in some form or symptom in a descendant, no matter what symptom it may take in the descendant, such evidence may be introduced without showing insanity in the direct line; i. e., parents or grandparents. This would dispose of the objection by the court below and it is further emphasized by the fact that the witnesses who testify to insanity in the ancestors, either direct or collateral, should do so from personal knowledge and observation and not from reputation: Walker v. The State, 102 Ind. 502; 1 N. E. Rep. 856; People v. Koerner, 154 N. Y. 355; 48 N. E. Rep. 731; State v. Windsor, supra. But it must still be shown that the disease was hereditary or transmissible, as indicated. There is not a scintilla of evidence to show the form or symptom of the disease with which the collateral
The facts show a wilful, premeditated murder, the case was submitted by a charge free from substantial complaint, the defendant had the benefit of able counsel, and there is no error of law to disturb the judgment entered by the court below.