Lead Opinion
FROM COOS CIRCUIT COURT. Upon the inquiry as to the condition of Potter's mind, whether diseased or not, I think the evidence could not legally be confined to the day of the alleged assault. Evidence of his conduct on other occasions, before that time, tending to show the existence of delusions or other usual symptoms of mental disease, was clearly admissible. The only question is, whether making a false complaint that some person had attempted to poison him was relevant to that inquiry; and I think it was. It is understood to be a very common delusion, and so a very *Page 554 common symptom of mental disease, for the patient to be possessed with a false belief, out of which he cannot be reasoned, that some person (oftentimes his best friend) entertains murderous designs against him, and that his life is in peril from their acts. I am of opinion the evidence should have been received, and that the verdict must be set aside.
Concurrence Opinion
Ordinarily, a person proved to have been insane at any time is presumed to remain so until the contrary is proved, though this is not always so. If this is held to be the law, there could be no doubt of the propriety of proving the witness's insane delusion before the time in question; but if it were not so, and if such was not held to be the presumption, still I think evidence of the witness's insane delusion at a time prior to the period in question would have some tendency to prove his insanity at that time, and the evidence, therefore, should have been admitted.
Concurrence Opinion
The evidence rejected tended to show that Potter was subject to insane delusions, and therefore was competent evidence as to his mental condition before and at the time of the assault charged in the indictment. State v. Jones,
Verdict set aside.