Lawyers' Reports Annotated Bk. 40

Cover Lawyers' Reports Annotated Bk. 40
Lawyers' Reports Annotated Bk. 40
Lawyers Co-Operative Publishing Company
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85 N. Y. 239. ' It is next contended by defendant that the court erred in refusing to charge, as requested, that 'Hhe burden upon the whole case is upon the plaintiff to establish by a preponderance of evidence that the damage sustained was evidence then adduced, is not an abuse of discretion.
Dempsey v. State, 3 Tex. App. 429,30 Am. Rep. 148.
And the exclusion of portions of a work on mental diseases, offered in evidence in a criminal prosecu- tion in which insanity was interposed as a defense
..., all of which related to the question of the responsi- bility of an insane person for his acts, containlnir an elaborate discussion on that question, is not er- ror, as the jury is bound to accept the law as piven by the court, and is not charg-ed with the duty of dotermininff whether the rules laid down by the court were correct. State v. Winter, 72 Iowa, 627.
And in People v. Wheeler, 60 Cal. 581, 44 Am. Rep.
70, it was held to be error to permit the district at- torney on an arfcument in a criminal case to read to the Jury certain extracts from Brown on Insan- ity, where no evidence had been adduced that the book was by a standard author.


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