Davis v. United States

Citations

• 165 U.S. 373
• 17 S. Ct. 360
• 41 L. Ed. 750
• 1897 U.S. LEXIS 1981

Syllabus

<p>Although there is no appearance for the plaintiff in error, yet, as this is a criminal case, involving the punishment of death, the court has carefully examined the record, to see that no injustice has been done the accused.</p> <p>After a witness, qualified as an expert, has given his professional opinion in reference to that which he has seen or heard, or upon hypothetical .questions, it is ordinarily opening the door to too wide an inquiry to interrogate him as to what other scientific men have said upon such matters, or in respect .to the general teachings of science thereon, or to permit books of science.to be offered in evidence.</p> <p>An expert on behalf of the defence in cross examination was asked ; “You think from your experience with him, from your conversation with him, that he killed the man because he threatened his life ? ” An objection to the question being overruled he answered : “Well, in part; and because he thought his own life was in danger, and because he thought he had the-right to destroy this menace to his own life.” Held, that the objection was properly overruled.</p> <p>The trial court charged : “The term ‘insanity’ as used in this defence-means such a perverted and deranged condition of the mental and moral faculties as to render a person incapable of distinguishing between right- and wrong, or unconscious at the time of the nature of the act he is committing, or where, though conscious of-it and able to distinguish between right and wrong and know that'the act is-wrong, yet his will, by which I mean the governing power of his mind, has been otherwise than voluntarily so completely destroyed that his actions are not subject to it, but are beyond his control.” Held, that this was not prejudicial to the defendant.</p> <p>Under the circumstances the court did right to refuse the instruction asked for with reference to manslaughter.</p>