State v. Kelsie
Supreme Court of Vermont
Indictment for murder. Plea, not guilty. Trial by jury at the September Term, 1918, Orleans County, Wilson, J., presiding. Verdict, guilty of murder in the first degree. The respondent excepted. The opinion states the case.
Read the full summary
Indictment for murder. Plea, not guilty. Trial by jury at the September Term, 1918, Orleans County, Wilson, J., presiding. Verdict, guilty of murder in the first degree. The respondent excepted. The opinion states the case. Mere weakness of mind, or the possession of an intellect of an inferior order, is not of itself sufficient to excuse the perpetration of a criminal act. 14 R. C. L. 603; Rogers v. State, 128 Ga. 67, 10 L. R. A. (N. S.) 999, and note; Patterson v. People, 46 Barb. 625; Wwrtena v. State, 105 Ind. 445, .5 N. E. 20; Dean v. State, 105 Ala. 21, 17 South. 28.
1Opinion of the CourtPowers, J.
This respondent has been convicted of murder of the first degree, and brings up for review the record of his trial. He presents but two questions, both of which relate to the admissibility of evidence.
1. • It appeared that the respondent was, for a time, under the professional and expert observation of Dr. James C. O’Neil at the Vermont State Hospital at Waterbury, having been sent there for that purpose by order of court. The respondent called Dr. O’Neil as a witness, and having qualified him as an expert in mental diseases, and having shown by him the examinations, observations, and tests…
2Cases cited5 opinions
- Goodwin v. Barre Savings Bank & Trust Co.Supreme Court of Vermont · 1917
- Rogers v. StateSupreme Court of Vermont · 1905
- Stiles v. EstabrookSupreme Court of Vermont · 1894
- Clark v. GallagherSupreme Court of Vermont · 1902
- State v. KelleySupreme Court of Vermont · 1902
3Cited by7 opinions
- Chatwin v. United StatesSupreme Court of the United States · 1946
- Commonwealth v. TrippiMassachusetts Supreme Judicial Court · 1929
- State v. SchabertSupreme Court of Minnesota · 1946
- In Re Campbell's WillSupreme Court of Vermont · 1927
- Washington v. StateNebraska Supreme Court · 1957
2 more not listed; retrieve them via the Exa API.