State v. Brown
Delaware Court of Oyer and Terminer
The defendants, Daniel Brown, John J. Swan and Michael Lynch were indicted for murder in the second degree, upon the charge of killing Leon Pisa, an inmate of the Delaware Hospital for the insane at Farnhurst. The first and second counts of the indictment charged that all three of the prisoners feloniously assaulted Leon Pisa, the deceased.
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The defendants, Daniel Brown, John J. Swan and Michael Lynch were indicted for murder in the second degree, upon the charge of killing Leon Pisa, an inmate of the Delaware Hospital for the insane at Farnhurst. The first and second counts of the indictment charged that all three of the prisoners feloniously assaulted Leon Pisa, the deceased. In the first count it was charged that the mortal wound was inflicted by Daniel Brown ; in the second count, by John J. Swan, while the other two prisoners were aiding and abetting in the murder as accomplices. It appeared at the trial that on the fifth…
1ConcurrenceCullen, J.
I fully concur with the views expressed by the Chief Justice, but there are other grounds upon which I rest this case. Unquestionably it is law, recognized by several decisions in our State that where a man is proved to be insane, it remains and shifts the burden of proof upon the other side to show the contrary, notwithstanding that fact, if a person be confined in a lunatic asylum *390and is afterwards brought, forward as a witness, then it is a matter in the discretion of the Court to determine as to his capacity. That capacity is to be determined from the facts adduced before the Court.…
2Cases cited10 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- United States v. GaleSupreme Court of the United States · 1883
- Finley v. StateSupreme Court of Alabama · 1878
- Holcomb v. HolcombSupreme Court of Connecticut · 1859
- Coleman v. CommonwealthSupreme Court of Virginia · 1874
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