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" Lordships, that we think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it... "
Questions and Answers on Law: Alphabetically Arranged. With References to ... - Sivu 145
tekijä(t) Asa Kinne - 1852
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Cases on Criminal Law

1923 - 688 sivua
...becomes substantially one of science only, it may be convenient to allow the question to be put in the general form, though the same cannot be insisted on as a matter of right. Interpretation of the phrases in the M'Naghten rules 'the nature and quality of the act' and 'conscious...
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Crime and Criminal Justice in Europe and Canada

John Hamilton Baker, Calgary Institute for the Humanities - 1981 - 350 sivua
...supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth...question to be put in that general form, though the same 3g cannot be insisted on as a matter of right. By the nature of their answer, the judges laid the cases...
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Insanity Defense in Federal Courts: Hearings Before the Subcommittee on ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice - 1982 - 488 sivua
...supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth...same cannot be insisted on as a matter of right." Daniel M'Naghten's Case, 8 Eng. Rep. 718, 723 (1895). The reallocation of the burden of proof and exacting...

The Case of Valentine Shortis: A True Story of Crime and Politics in Canada

Martin L. Friedland - 1988 - 340 sivua
...be asked his opinion' on the accused's state of mind at the time of the commission of the offence, 'where the facts are admitted or not disputed, and...though the same cannot be insisted on as a matter of right.'4 Judge Mathieu, who had reserved his decision for consideration over the lunch break, announced...
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The Jury and the Defense of Insanity

Rita James Simon - 288 sivua
...supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth...the same cannot be insisted on as a matter of right. 17 Most legal historians believe that the court had not intended to establish a precedent by its actions...
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The Plea of Insanity in Criminal Cases

Forbes Winslow - 2005 - 122 sivua
...supposed, cannot in strictness be asked his opinion in the terms above stated, because each of" those questions involves the determination of the truth...the same cannot be insisted on as a matter of right. APPENDIX. Ill the circumstances supposed, cannot, in strictness be asked his opinion in the terms above...
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Entre justice et justiciables: les auxiliaires de la justice du Moyen Age au ...

Claire Dolan - 2005 - 832 sivua
...definition of insanity], because each of those questions involves the determination of the truth of facts deposed to, which it is for the jury to decide,...though the same cannot be insisted on as a matter of right.6 This response from the judges suggests that during the mid-19th century, when M'Naghten (1843)...
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The North American Journal of Homeopathy, Nide 16

1868 - 652 sivua
...supposed, can not in strictness be asked his opinion in the terms above stated ; because each of those questions involves the determination of the truth...same cannot be insisted on as a matter of right." This authoritative enunciation of the law by its legitimate exponents, was supposed to supersede any...

A Selection of Cases Illustrative of English Criminal Law

Courtney Stanhope Kenny - 1928 - 634 sivua
...becomes substantially one of science only, it may be convenient to allow the question to be put in the general form; though the same cannot be insisted on as a matter of right." [How insanity is to be proved.] UNITED STATES ». GUITEAU. US COURT OP DISTRICT OP COLUMBIA, 1882....
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