People v. Bell
California Supreme Court
Appeal from the District Court, Third Judicial District, City and County of San Francisco. The defendant was charged in the indictment with having, on the 16th day of October, 1873, murdered Owen Grillen by a blow with an ax.
Read the full summary
Appeal from the District Court, Third Judicial District, City and County of San Francisco. The defendant was charged in the indictment with having, on the 16th day of October, 1873, murdered Owen Grillen by a blow with an ax. The testimony on behalf of the prosecution, showed substantially that one Ryan kept a bouse on the corner of Clark and Drumm streets, in the city of San Francisco, and that, about two o’clock in the afternoon of the 16th of October, a police officer had his attention directed to the house, and on entering the dining-room back of the bar-room, found Gillen lying on a…
1Opinion of the Court
By the Court, Wallace, C. J.:
1. Insanity, when relied upon as a defense in a criminal case, is to be established by the prisoner by preponderating proof. It is an issue upon which he holds the affirmative, and before it can be availed of, he is bound to establish not only the fact of insanity, but insanity of the character—i. e., arising from such a cause as in point of law amounts to a defense. If, therefore, as here, there be a question as to whether the supposed insanity was the result of intoxication *489immediately indulged, or insanity caused by a habitual and long-continued intemperate use…
2Cases cited1 opinion
- People v. AsheCalifornia Supreme Court · 1872
3Cited by18 opinions
- Egan v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- People v. JonesCalifornia Supreme Court · 1954
- People v. HarrisCalifornia Court of Appeal · 1926
- People v. Von PerhacsCalifornia Court of Appeal · 1912
- State v. GrearSupreme Court of Minnesota · 1882
13 more not listed; retrieve them via the Exa API.