Reports Of Cases Determined In The Supreme Court Of The State Of Illinois Vol 28

Author : Samuel Pashley Irwin
Publisher : Forgotten Books
ISBN 13 : 9780656105366
Total Pages : 706 pages
Book Rating : 4.1/5 (53 download)

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Download or read book Reports of Cases at Law and in Chancery, Vol. 255 written by Samuel Pashley Irwin and published by Forgotten Books. This book was released on 2018-02-14 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Reports of Cases at Law and in Chancery, Vol. 255: Argued and Determined in the Supreme Court of Illinois; Containing Cases in Which Opinions Were Filed in October and December, 1914, and Cases Wherein Rehearings Were Denied at the December Term, 1914 Our statute does not expressly declare that no one shall be tried for a criminal offense while he is insane, but the provision of paragraph 28 5 that where a person becomes lunatic or insane after the commission of the crime he shall not be tried for the offense during the continuance of the insanity is not and was not intended to be an abrogation of the common law that no person can be compelled to plead to a criminal charge and be placed on trial for the crime while insane. The grounds for this rule of the com mon law, and for statutes where it has been expressly de clared by statute, are very well stated in Freeman v. Peo ple, supra. It has been held in a number of decisions that where it was claimed on behalf of a person who has been indicted for crime that he was insane when the time came for him to be arraigned and called upon to plead, the court might exercise some discretion, in view of the known circumstances and condition of defendant, in determining whether the issue of insanity should be first tried before the defendant should be required to plead and be placed upon his trial for the crime. (jones v. State, I 3 Ala. 153; State v. Reed, 41 La. Ann. 581 State v. Harrison, supra.) When the trial is ordered for the purpose of determining the defendant's sanity the inquiry is confined to his sanity at the time of the trial upon that question, for the purpose of determining whether he is sane and has the capacity to make a rational defense. His mental condition at the time of the commission of the alleged crime is foreign to the inquiry. That question is only competent to be considered and passed upon when the accused is placed upon his trial for the alleged crime. The provision of paragraph 285 of. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.