Thomas v. State

Citations

• 40 Tex. 60

Syllabus

<p>1. Upon the issue of insanity, non-professional witnesses should bo allowed to give their opinions, together with the facts on which their opinions are based, where it appears that their acquaintance with the defendant will enable them to form a correct estimate of his mental condition.</p> <p>2. The test of responsibility on such issue is said to be, 'whether the party was able to have, and did have, a criminal intent, and the ability to judge of the right and the wrong of the act charged.</p> <p>8. It is the duty of the court in felony cases, where insanity is interposed as a defense, to instruct the jury upon the principles of law applicable to the case, whether asked or not.</p>