192 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:

160 & AMERICAN STATE TRIALS.

An insane delusion of a character that tends to steal will not excuse a homicide. The act is to be judged always by the nature of the delusion, and of the facts and circumstances insanely believed to exist, which for this purpose are to be taken by the jury as reality, and the moral and legal status of the act determined accordingly.

Another class of cases of insanity that exempts its unfortunate victim from legal accountability is where, in consequence of mental disorder, the person labors under delusions, the necessary tendency of which is to break out into acts of violence and bloodshed, without the power of self-restraint. Although clearly perceiving the moral enormity of the act, the person is incapable of resisting the insane impulse that urges them on to its commission. In short, the act is the necessary result of uncontrollable monomaniacal impulse, and not that of a free agent who is subject to moral influence and governed by will. To establish this species of insanity as a justification in the case before you, clear proof, or such as will satisfy your minds with reasonable certainty of its existence and presence at the time of the killing of Mr. Gordon, should be produced. Alternatively, at least the existence of a tendency exhibited on previous occasions, becoming habitual and confirmed, should be shown. Additionally, the facts and circumstances attending the killing should be consistent with the hypothesis and confirm its existence and presence at the time.

However, the jury is admonished that the law presumes every man to be sane and to possess a sufficient degree of reason and freedom of will to be accountable for his acts, until the contrary is established with reasonable certainty. On the other hand, if the jury should find the fact of insanity in any of its various forms and degrees mentioned above is established by the evidence in the case, with reasonable certainty, then every consideration of reason, of law, of humanity, and pity for the unfortunate appeals to your sense of justice and of right on behalf of the prisoner, and demands his acquittal at your hands.

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