Calton v. Utah

The plaintiff in error, Calton, was indicted in the District Court of the Second Judicial District of the Territory of Utah for the crime of murder in the first degree, in that he “ feloniously, unlawfully, wilfully, purposely, premeditatedly, deliberrately, and of his malice aforethought,” killed and murdered one Michael Cullen. Under the plea of not guilty evidence was introduced by him for the purpose of showing: first, that at the time of the killing he was incapable, by reason of unsoundness of. mind, of committing any criminal offence; second, that at most the killing was “ upon a…