State v. Bartlett
Supreme Court of New Hampshire
Indictment of three counts, substantially charging that the respondent, on the 20th day of June, 1861, with force and arms, at Upper-Gilmanton, did make an assault upon one Lucien Dicey, and with a gun charged with powder and hall did shoot at and wound said Dicey, feloniously, willfully, and of his malice aforethought, intending him to kill and murder.
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Indictment of three counts, substantially charging that the respondent, on the 20th day of June, 1861, with force and arms, at Upper-Gilmanton, did make an assault upon one Lucien Dicey, and with a gun charged with powder and hall did shoot at and wound said Dicey, feloniously, willfully, and of his malice aforethought, intending him to kill and murder. The defense of the prisoner, in part, was, that at the time of the supposed commission of the offense he was a monomaniac upon the subject of the infidelity of his wife, imputing an improper connection between her and the said Dicey. IJpon…
1Opinion of the CourtBellows, J.
The defendant’s counsel requested the court to charge the jury that, if it was more probable that the prisoner was insane than otherwise, it was their duty to find him not guilty by reason of insanity; and, also, that, although the burthen was on the prisoner to remove the natural presumption of sanity, the jury *228must be satisfied, beyond a reasonable doubt, that he was a sane man, or else acquit him.
But the court declined to charge the jury according to either request, unless it be found in the direction “ that the jury must be satisfied of the existence of such malice at the time, beyond a…
2Cases cited3 opinions
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3Cited by7 opinions
- Novosel v. HelgemoeSupreme Court of New Hampshire · 1978
- State v. FurgalSupreme Court of New Hampshire · 2010
- Territory of Hawaii v. AdiarteHawaii Supreme Court · 1947
- State v. LongSupreme Court of New Hampshire · 1939
- State v. HoltSupreme Court of New Hampshire · 1984
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