People v. Larrabee

Citations

• 115 Cal. 158
• 46 P. 922
• 1896 Cal. LEXIS 987

Syllabus

<p>Criminal Law—Homicide—Insanity—Atrocity of Crime—Motive— Conflicting Evidence of Experts.—Where a defendant charged with murder relies upon insanity as a defense, the atrocity of the murder and' circumstances of inhumanity and barbarity may be evidence of insanity, but may also owe their existence to the promptings of a brutal and malignant spirit; and where a jealous rage appears to have been the motive of the crime, and, upon the general question of insanity, the evidence of experts is conflicting, the jury are sole arbiters of the question, and their verdict will not be disturbed upon appeal.</p> <p>Id.—Instruction — Care as to Defense of Insanity.—It is proper to instruct the jury that while the defense of insanity is to be weighed fully, fairly, and justly, and, when satisfactorily established, must commend itself to the sense of humanity and justice of the jury, they must examine it with care lest a mere counterfeit of this mental infirmity shall furnish immunity to guilt.</p>