56 So. 136 | Ala. | 1911
The defendant pleaded “not guilty” and “not guilty by reason of insanity,” and offered evidence tending to establish a. diseased mind up to and antedating the commission of the offense, and which tended to show insanity whether of a permanent or spasmodic character, though several witnesses testified that his mind was unsound, thus creating an inference that the unsoundness of his mind was permanent in its character. True, there was much evidence on the part of the state going to show that the defendant was sane, notwithstanding the burden was on him to establish his insanity, and that, if he was mentally unbalanced, it was merely spasmodic, and only when under the influence of liquor or drugs, and that he was not insane at the time of the homicide, and if he was not capable of a formed design, at the time of the homicide, his condition
As a rule, a defendant charged with an offense cannot introduce his acts or declarations favorable to himself, as this would enable him to make evidence in his own behalf; but to this rule there are exceptions. When insanity is pleaded, the subsequent as well as previous acts or declarations of the defendant are admissible in evidence to show his true mental condition at the time of the homicide. — Cawley v. State, 133 Ala. 128, 32 South. 227; McLean v. State, 16 Ala. 672; Gardner v. State, 96 Ala. 12, 11 South. 402. The trial court erred in not permitting proof of a previous attempt at self-destruction by the defendant as this was relevant evidence to be considered by the jury in determining the mental condition of said defendant.
A discussion of the other questions presented by the record will serve no good purpose, and it is sufficient
The judgment of the city court is reversed and the cause is remanded.
Reversed and remanded.