Legal Opinion

United States v. Chisolm

U.S. Circuit Court for the District of Southern Alabama

Decided November 19, 1906PublishedCited by 29 opinions

On Inquiry as to Sanity of Prisoner. Alexander II. Chisolm, paying teller of the First National Bank of Birmingham, was indicted for embezzlement of its funds, and, on being arraigned, pleaded not guilty.

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On Inquiry as to Sanity of Prisoner. Alexander II. Chisolm, paying teller of the First National Bank of Birmingham, was indicted for embezzlement of its funds, and, on being arraigned, pleaded not guilty. After the trial had proceeded for several days his counsel suggested that the prisoner was not then in a fit mental condition to. make a rational defense, and asked the court to suspend the trial and make inquiry upon that point before proceeding further, stating that the facts upon which they based the suggestion had only come to tlieir knowledge the day before. Thereupon the court took a…

1Opinion of the CourtJones, District Judge

(charging jury). You understand from the instructions given you at the beginning of this inquisition that the inquiry now submitted to you in no way involves any decision as to the prisoner’s guilt or innocence of the charge upon which he was arraigned. He can neither he convicted nor acquitted by any finding you may make on this issue. The question the court submits to you is whether the prisoner at this time is possessed of sufficient mental power, and has such understanding of his situation, such coherency of ideas, control of his mental faculties, and the requisite power of memory, as…

2Cited by29 opinions

  1. Medina v. CaliforniaSupreme Court of the United States · 1992
  2. Cooper v. OklahomaSupreme Court of the United States · 1996
  3. Townsend v. StateCourt of Criminal Appeals of Texas · 1968
  4. State Ex Rel. Davey v. OwenOhio Supreme Court · 1937
  5. United States v. Auckland HolmesCourt of Appeals for the Seventh Circuit · 1972

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