Com. v. Cronin

Decision Date24 February 1904
Citation185 Mass. 96,69 N.E. 1065
PartiesCOMMONWEALTH v. CRONIN.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

Ehe following are defendant's exceptions:

'This was an indictment charging that the defendant assaulted one Mary Gillispee, at a time and place therein named, with intent to murder. The defense was insanity induced by epilepsy, and that at the time of the assault the defendant was insane as a result of prior epileptic conditions. It appeared in evidence that at the time of the assault the defendant rushed from his house and seized the woman Gillispee while she was walking upon the street, threw her to the ground, and cut her in the neck with a knife; that while assaulting the woman with the knife, he was pushed away from her by her sister, and, other people coming up defendant ran away, and, being pursued, ran to a pond, and threw himself in, from which pond he was rescued in an unconscious condition and taken to the station. There was also evidence tending to show that defendant had entertained feelings of ill will towards the woman for some time prior to the assault. The defendant introduced evidence as to his history, and showed, among other things that he had received an injury in the head in early life; that he was subject to frequent headaches, and that for a period just preceding the assault he had suffered from sleeplessness, was morose, and failed to recognize acquaintances; and, among others, the defendant called his wife as a witness, and she testified that on Wednesday, before the alleged assault on Friday, the defendant, while alone with her in a room of the house wherein they resided, and while lying upon a lounge had an attack, the nature of which was in dispute, but which the defendant offered evidence of an expert, based upon the testimony of the wife, to show was an epileptic fit, manifested by twitchings of the body and arms, glaring eyes, loud breathing, protruding lips, and unconscious and incoherent sounds and mutterings. This attack lasted about ten minutes. The wife was allowed to testify, without objection, as to the condition of the defendant, manifested by his symptoms. The defendant offered further to show by the wife that immediately upon coming out of this attack the defendant declared that he would drown himself, but made no effort to do so, and performed his usual duties until the time of the assault, two days later. The defendant offered evidence of an
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