Territory of New Mexico v. Kennedy

Citations

• 15 N.M. 556

Syllabus

<p>SYLLABUS (OBY THE COURT.)</p> <p>1. In a trial for murder the only evidence offered in behalf of the defendant'was that he was insane at the time of the alleged homicide.</p> <p>2. ' The trial court gave appropriate instructions- as to the presumption of innocence and 'the burden of proof resting on the Territory, and provided for the jury three forms for a verdict; by one of which they could find the defendant guilty, as charged; by one not guilty on the ground oí his insanity at the time of the alleged homicide; and. by one not guilty on the ground of insanity at the time of the trial, but provided no form for a verdict of not guilty independent of the question of insanity, ahd, as appears by the record, refused the request of the defendant’s counsel to provide such a form. Held reversible error.</p> <p>3. If, in the progress of a trial on a criminal charge, the trial judge concludes from observation or otherwise that there is reason to doubt the sanity of the defendant at that time he should submit that question to the jury along with the principal issue requiring a special verdict on that point.</p> <p>4. It is error to instruct a jury, in a criminal case, that if they believe from the evidence the defendant is insane at that time they should acquit him, but no error of which the defendant can, with reason, complain since it gives him a chance of acquittal to which he is not entitled.</p> <p>5. The word, “frenzy” as used in an instruction on insanity may have been misleading and might better have been avoided.</p>