...of insanity in doubt, if upon the whole evidence in the case, the jury entertain a reasonable doubt as to the sanity of the defendant at the time of the commission of the alleged act, they are bound to acquit him." "If the jury cannot say, beyond a reasonable doubt,...

...innocence of the defendant of the crime charged; and Opinion, per JOHNSON, J. has nothing to do with the sanity of the defendant at the time of the commission of the alleged crime, except as it might throw light on the sanity of the defendant at the time of the...

...second degree of murder ; and, whereat, grave doubts were enlertaiited by the court and your petitioners as to the sanity of the defendant at the time of the commission of said crime, and believing that the ends of justice would be better subserved, by reason of the doubts...

...Terence J. McHanus, for appellant. The prosecution utterly failed to sustain the burden of proving the sanity of the defendant at the time of the commission of the alleged crime. (Hughes v. Jones, 116 NY 67 ; Cook v. Cook, 53 Barb. 180.) The People were required...

...essential, and the witness stated fully the conditions which he found. In People \. McEivaine (121 NY 250) the question was somewhat different. There the issue...of the defendant at the time of the commission of the crime, and the witness was permitted to answer without disclosing the facts upon which he based...

...refused, because it asked the court to instruct the jury tliat, if "they have a reasonable doubt of the sanity of the defendant at the time of the commission of the homicide, they must acquit him.'' A reasonable doubt of a defendant's sanity Is not sufficient...

...acquitted ; that the jury must be satisfied beyond a reasonable doubt, from the evidence of the case, of the sanity of the defendant at the time of the commission of the act charged in the indictment, and if the People fail to establish the sanity of the defendant...

...pending to appoint this commission, and requires that the commission shall report with their opinion upon the sanity of the defendant at the time of the commission of the crime. The opinion of the commissioners shall thereupon be presented to the jury, and both the...

...the commission of the crime charged; and if, from the whole evidence, they have a reasonable doubt as to the sanity of the defendant at the time of the commission of the alleged crime, they must find him not guilty by reason of insanity." (10) "The court charges the...

...with such choice; but if, upon all the evidence in the case, the jury entertain a reasonable doubt as to the sanity of the defendant at the time of the commission of the act complained of, they must acquit him." This instruction was followed by another paragraph correctly...