People v. Bell

Citations

• 49 Cal. 485

Syllabus

<p>Insanity as a Defense in a Ceihinad Case.—Insanity, when relied upon as a defense in a criminal case, is to be established by the prisoner by preponderating proof. It is an issue upon which he holds the affirmative, and he must establish not only the fact of insanity, but insanity arising from such a cause as in point of law, amounts to a defense.</p> <p>Idem.—If the question arises as to whether the supposed insanity was the result of intoxication, immediately indulged, or insanity caused by a habitual and long continued use of ardent spirits, the burden is cast upon the prisoner of establishing it to be of the latter character.</p> <p>Chabaoteb of Evidence in Cbiminad Case.—If, on a trial for murder, the prosecution introduces testimony, showing that colored spots were found on the prisoner’s clothes and person, which it claims were blood, it is not obliged to show by scientific analysis, that such spots were blood, but may rely on the opinions of witnesses who saw the spots.</p> <p>Idem.—An opinion not expressed by the Court on the point, as to whether if, in such case, the prosecution had caused an analysis to be made, which it purposely withheld from the jury, it would be proper for the Court to call the attention of the jury to that fact.</p> <p>Evidence of Good Chabaoteb.—If there is evidence introduced tending to show the good character of the prisoner as to the traits involved in the charge against him, the jury must take such evidence into consideration for the purpose of determining whether it creates a reasonable doubt of his guilt.</p> <p>Idem.—There may be cases where guilt is so clearly proved, that no evidence of good reputation can create a doubt, while there may be other cases in which a good reputation will create a reasonable doubt, but the prisoner has a right to have the jury pass on the question.</p> <p>Idem.—It is not sufficient for the Court to instruct the jurors that the good character of the defendant is a circumstance for their consid