Rufus Wheeler Peckham

“ Was the defendant Hotema at the time he committed the homicide charged laboring under an insane delusion produced by an impaired brain, and did it go to the extent for the time being of controlling his will power, reflection, reason, and judgment, and was the homicide committed by reason of such insane delusion? If the proof has shown beyond a reasonable doubt that such was not the case, you will convict the defendant, but if there is a reasonable doubt as to such mental condition, you will resolve such doubt in favor of the defendant, and acquit him. ”

“ The first one we notice is an exception to a statement contained in the charge of the court that, 'in this case it is not material, so far as the question of the guilt or innocence is concerned, that the evidence fails to show any motive for the killing.' The defendant claims that this is error, because the want of motive is material, and the jury should consider that fact in determining the issue as to defendant's sanity at the time of the homicide. ”

“ The court charged as follows upon this subject:
'Murder is where a person of sound memory and discretion unlawfully kills any reasonable of the United States, with malice aforethought, of the United States, with malice, aforethought, either express or implied. The term 'express malice' means that the homicide was the result of a formed design, based upon a wicked and depraved spirit, and is maliciously conceived and wickedly and maliciously executed without justifiable or lawful excuse. ”