Polk v. State

James Polk was indicted for the murder of John Stewart, convicted of murder in the second degree, an'd sentenced, for twenty years, to the state prison. On the trial the Court charged the jury as follows:

*171“Insanity is insisted -upon, as a defense in this cause. Where the mental faculties are so deranged as to render the party incapable of distinguishing between right and wrong, the law will not hold him criminally liable for his acts while in such state. This, however, is a defense which must1 be made out by the defendant, and must be proved to your satisfaction by a preponderance of evidence.”