Commonwealth v. Dale

Citations

• 264 Pa. 362
• 107 A. 743
• 6 A.L.R. 1482
• 1919 Pa. LEXIS 654

Syllabus

<p>Criminal law — Murder—Insanity—Evidence — Burden of proof —Hereditary insanity.</p> <p>1. Where the defense in a murder trial is insanity, the burden is on the defendant to prove by a fair preponderance of the evidence that he was insane when he did the killing. This burden rests on him throughout the trial, and he is required not only to adduce evidence as to his own insanity, but also such corroborating proof as he desires to submit.</p> <p>2. The father of a defendant indicted for murder who has set up insanity as a defense, will not be permitted to testify to his own insanity, or such acts from which insanity might be inferred.</p> <p>3. Where the insanity of an individual is in question the insanity of his blood relations in the ancestral line, -either direct or collateral, may be shown in corroboration of the evidence showing insanity in the individual; but hereditary insanity of itself is not independent proof of the insanity of the prisoner, but it is circumstantial evidence used to corroborate other more direct proof of insanity in the accused; of itself it cannot be used as a defense.</p> <p>4. Before receiving such evidence as grounds for a presumption of possible insanity, there must be some evidence showing insanity in the accused. It must also appear that the disease is hereditary or transmissible so as to taint the family blood.</p> <p>5. If insanity is shown in the accused, and insanity be shown in collateral kindred of not too remote a degree, and the insanity with which each suffers is transmissible or hereditary in that it may or will reappear in some form or symptom in a descendant, no matter what symptom it may take in the descendant, such evidence may be introduced without showing insanity in the direct line, i. e., parents or grandparents.</p> <p>6. Witnesses who testify to insanity in the ancestors either direct or collateral, must do so from personal knowledge and observation, and not from reputation.</p> <p>7. Before evidence to establis