People v. Lowhone

Thompson and Cartwright, JJ.,

dissenting:

We cannot agree with the conclusion reached in the majority opinion. The defense is insanity. The evidence to support this defense comes from two sources: the family of defendant and the employees at the mines. An analysis of this evidence discloses its lack of convincing force. The testimony by members of the family shows that the defendant had “spells” in his infancy. These spells came on when he was suffering from a high fever or when he became angry. There is no claim that he has had any such spells since 1892, except on one occasion when he came…