Wright v. People
Nebraska Supreme Court
Error from Otoe county district court. It was a conviction'upon an indictment for assault with intent to commit murder. The defense was insanity. Exceptions taken to refusal of instructions to tlie jury requested on belialf of the prisoner, and to charge of the court. Yerdict of guilty, judgment and sentence. Cause brought liere by writ of error. The instructions requested were: First. The- burden- of proof is on the prosecution to show sanity.. Second.
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Error from Otoe county district court. It was a conviction'upon an indictment for assault with intent to commit murder. The defense was insanity. Exceptions taken to refusal of instructions to tlie jury requested on belialf of the prisoner, and to charge of the court. Yerdict of guilty, judgment and sentence. Cause brought liere by writ of error. The instructions requested were: First. The- burden- of proof is on the prosecution to show sanity.. Second. If the jury believe that the accused ivas insane at the- time of the assault, they must acquit. Tlie first instruction was refused. The…
1Opinion of the Court
Lake, Ch. J.
There are but two errors assigned in-this record. The first is the refusal of the court to give certain instructions to the jury as to the defense of insanity, which had been interposed, and of which there was some evidence. The first instruction requested and refused was, that “ the burden of proof is on the prosecution to show sanity.”
We find the authorities on this subject very conflicting, *411but the question being an open one in this state, we feel at liberty to adopt that rule which to our mind seems, not only to be founded in reason, but, to conform to those humane principles…
2Cases cited6 opinions
- People v. GarbuttMichigan Supreme Court · 1868
- Freeman v. PeopleNew York Supreme Court · 1847
- Hopps v. PeopleIllinois Supreme Court · 1863
- Flanagan v. . People of the State of N.Y.New York Court of Appeals · 1873
- Chase v. PeopleIllinois Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Ford v. StateSupreme Court of Alabama · 1882
- State v. LewisNevada Supreme Court · 1889
- Kahler v. KansasSupreme Court of the United States · 2020
- Knights v. StateNebraska Supreme Court · 1899
- Torske v. StateNebraska Supreme Court · 1932
18 more not listed; retrieve them via the Exa API.