David Josiah Brewer

“ This court was of opinion that this was not the correct rule of law; that, while it was true that every man is presumed to be sane, yet whenever, by the testimony, the question of insanity is raised, then the fact of sanity, as any other essential fact in the case, must be established to the satisfaction of the jury beyond a reasonable doubt. ”

“ The deceased, peacefully at work, unarmed, and making no demonstrations against the defendant, was shot and killed by the latter, and this in consequence of a dispute more than a week old. The act thus done, if done by a man fully responsible for his actions, was unquestionably murder in the first degree. Counsel for defendant have filed no brief and made no argument. With the trial in the circuit court, suing out a writ of error, and filing assignments of error, their connection with the case ceased. ”

“ It may have been because the matter had been sufficiently brought out in the prior testimony of the witness, but probably the reason we have suggested is the correct one, and in that view we are of the opinion that the ruling furnishes no ground for disturbing the judgment. ”