Banks v. Commonwealth

Opinion of the Court by

Judge Carroll

Affirming.

The appellant under an indictment charging him with the murder of Mrs. Elizabeth Sebree was convicted and sentenced to confinement in the State penitentiary for life. His only defense was that at the time of the homicide he was afflicted with that species of insanity known as “paranoia,” and, therefore, not responsible for his act.

Before considering the law applicable to his defense, the questions raised as to the admissibility of evidence, and the correctness of the instructions, we will dispose of some preliminary questions presented by counsel.

T…