Commonwealth v. Snyder

Citations

• 224 Pa. 526
• 73 A. 910
• 1909 Pa. LEXIS 835

Syllabus

<p>Criminal law — Murder—Insanity—Epilepsy.</p> <p>1. On the trial of an indictment for murder a mere offer to prove that the prisoner prior to the killing had been subject to attacks of epilepsy is properly overruled where there is no evidence produced or offered to show that the prisoner was in fact insane. The law derives no immediate presumption of insanity from the fact of epilepsy, but leaves the insanity to be proved as any other defense not by secondary evidence as proof of epilepsy would be, but by evidence establishing the direct fact; nor is evidence of epilepsy admissible even when the offer is accompanied by an offer to prove intoxication.</p> <p>2, It may be a physiological fact that one effect of epilepsy is to produce a state of mind easily excited by provocation, and that this state of mind is intensified by intoxication to a degree that would be unexpected in one not epileptic from the same amount of drink; but except as the epilepsy can be shown to have resulted in an unsoundness, which by itself would excuse an act, it cannot become a factor in determining the question of guilt or innocence. The epileptic who is not shown to be insane, can no more escape liability for his acts done while intoxicated, than can one not so affected.</p> <p>Criminal law — Confessions—Murder.</p> <p>3. On the trial of an indictment for murder the prisoner's pastor accompanied by the officer who made the arrest visited the prisoner, and the clergyman said to the prisoner that it would be better for him to tell the truth, adding that he, the speaker, could do more for him if he told the truth. Before the defendant had an opportunity to express himself at all, the officer interfered with the remark, “Reverend, as a detective, I wish you would not make a remark of that kind. I may be a witness against him, and I can offer him no promise of any kind, and I hope you don't mention that again.” It was after being thus cautioned that the defendant made a confession. Held, that