should be proceeded in the trial in order to his acquittal and enlargement." 1 H. P. C. 35.[1]
Secondly, if he be then in a lucid interval, and therefore fit to be tried, whether he was so at the time of the act committed, and this must be tried according to the whole evidence both of the fact and the lunacy, on a plea of not guilty.[2]
For criminal purposes it is not sufficient that a prisoner have been previously found idiot or lunatic, or the contrary, by inquisition in chancery, 1 H. P. C. p. 33, though the circumstance may create a strong presumption. For there may be a partial insanity which may disqualify a man from the management of his estate, and therefore render him a fit subject for the equitable protection, although he may have a perfect sense of right and wrong in criminal matters, and ought therefore to be responsible for his acts. Personal antipathies and fancied injury are constant subjects of limited insanity; but these ought not to excuse murder; for such a doctrine, by removing the restraints of fear, would constantly convert the passions of hatred and revenge, in themselves limited madness, into absolute insanity.
"He that is non compos mentis and totally deprived of all compassings and imaginations, cannot commit high treason by compassing or imagining the death
- ↑ If the fact be found, he must be committed under the statutes 48 & 49 Geo. 3, for safe custody. See vol. i, p. 306.
- ↑ "By the common law, if it be doubtful whether a criminal, who at his trial is in appearance a lunatic, be such in truth or not, it shall be tried by an inquest of office to be returned by the sheriff of the county wherein the court sits, and if it be found by them that the party only feigns himself mad, and he still refuse to answer, he shall be dealt with as one that stands mute. 1 Hawk. P. C. p. 2, and authorities there cited; as to standing mute see vol. 2, p. 56, and 12 Geo. 3, c. 20.
