State v. Maioni

The opinion of the court was delivered by

Gummere, Chief Justice.

The • defendant was indicted for the felonious killing of one Maria Lupo, by shooting her with a pistol, and was convicted of the crime of murder in the first degree. At the trial he sought to escape criminal responsibility principally upon the ground that he was an epileptic, and that when the homicide occurred he was suffering from an attack of the disease, and was totally unconscious of his act done at that time. In support of this line of defence Dr. Cotton was called to testify as an expert, and was asked by counsel for the…