The People v. . McCann
New York Court of Appeals
Writ of error to the Supreme Court. McCann was indicted for the murder of his wife. At his trial, in the oyer and terminer for Albany county, the killing of Ms wife by the prisoner was not controverted, but the defence rested entirely on the ground that he was in a state of insanity at the time the homicide was committed.
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Writ of error to the Supreme Court. McCann was indicted for the murder of his wife. At his trial, in the oyer and terminer for Albany county, the killing of Ms wife by the prisoner was not controverted, but the defence rested entirely on the ground that he was in a state of insanity at the time the homicide was committed. Evidence was received upon this point, and the justice presiding at the trial gave instructions to the jury in relation thereto, which are set forth in the following opinions. No exception was taken to the charge on the trial. The prisoner having been connoted and…
1Opinion of the Court
On the trial of the prisoner, the presiding justice charged the jury, among other things, as follows: "The fact of the killing is admitted; that the act was done by the prisoner is not disputed; thus the issue is really reversed from the usual one. The question of his insanity is matter of positive defence, to be affirmatively proved; a failure to prove it is (like the failure to prove any other fact) the misfortune of the party attempting to make the proof; and in this case, as in all cases of fact, you are not to presume what has not been proved, under the distinctions and upon the…
2Cited by81 opinions
- Davis v. United StatesSupreme Court of the United States · 1895
- People v. . O'BrienNew York Court of Appeals · 1888
- People v. GarbuttMichigan Supreme Court · 1868
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
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