Armstrong v. State

Citations

• 30 Fla. 170

Syllabus

<p>1. Where the defense of insanity is relied upon, the rule in force in this State, is, that if the evidence introduced tends to rebut the presumption of sanity on the part of the accused, and the jury entertain a reasonable doubt, after due consideration of all the evidence, as to his sanity, it is their duty to acquit.</p> <p>2. The statutory definition of murder, “ che unlawful killing of a human being, when perpetrated from a premeditated design to effect the death of the person killed,” includes the element of a rational agency, and it devolves upon the State to show this as well as any other element of the crime. The law, however, presumes that all men are sane, and in the absence of evidence indicating a contrary state of mind, both court and jury are justified in acting upon this presumption ; and where the evidence establishes the criminal act, and indicates nothing as to the mental capacity of the accused to commit the deed, a conviction is not only authorized, but should be had. If however, there arises from the evidence, coming from any quarter, a reasonable doubt as to the sanity of the accused, the presumption of the law is overcome and he is entitled to an acquittal, unless the State meets and overcomes this reasonable doubt arising in his favor.</p> <p>•3. Non-expert, witnesses can not express a general opinion as to sanity nor can they give an opinion independent of the facts and circumstances within their own knowledge ; but they can detail the facts known to them which show insanity, and thereupon express an opinion as to the sanity of the person whose mental condition is being investigated. The value of such testimony will depend largely upon the opportunities of the witnesses for correct observation of the appearances and conduct of the person whose mind is claimed to be unsound, as well as the character of such appearances and conduct.</p> <p>4. Where insanity of a permanent type, or of a continuing nature, or possessed of the characteristics