State v. Veillon

The defendant was convicted of having burglariously entered in the nighttime (without breaking) a certain dwelling house, with intent to commit a rape (Rev. Stat. 1870, § 854).

I

He applied for a new trial, on the ground that “the jury were of opinion that the accused was not mentally responsible for his acts, and desired to know from the court (through further instructions asked for) whether, if they pronounced him insane, he would be confined to some institution for the feeble-minded, and, being under the impression that the judge responded, ‘Not necessarily so,’ they then agreed to render a…