Hoiss v. State

• Decision Date: 09 April 1891
• Citation: 48 N.W. 517,79 Wis. 513
• Parties: HOISS v. STATE.
• Court: Wisconsin Supreme Court

79 Wis. 513

48 N.W. 517

HOISS

v.STATE.

Supreme Court of Wisconsin.

April 9, 1891.

Error to municipal court of Milwaukee.A. C. Brazee and Somers, Somers & Dorr, for plaintiff in error.

J. M. Clancey, Asst. Atty. Gen., for the State.

COLE, C. J.

The plaintiff in error was informed against and put on trial in the municipal court of Milwaukee for the offenses (1) of forging a check given by the Milwaukee Gas Light Company, and (2) for uttering such forged check, and was found guilty.The forgery consisted in changing a check for $6 to $60, and it was passed for the latter amount.The defendant interposed a special plea of insanity, on which issue was taken by the state.This special issue was tried before the trial of the issue of “not guilty.”The proceedings on both issues are embraced on the bill of exceptions, and brought to this court for review.The main errors reliedon for a reversal of the judgment occurred on the trial of the special issue, and, after a careful consideration of the exceptions, we are constrained to hold that there was a mistrial.It appears that the defendant was about 38 years of age, was a married man, and has resided for many years in Milwaukee.He seems to have been well known to many business men in that city, quite a number of whom testified as to his excellent reputation for honesty and integrity.Up to the time of his arrest for this offense, his good character does not seem to have been questioned by any one who knew him or did business with him.He seems to have been a saving, industrious man, and had accumulated considerable property.These facts are established by the evidence beyond dispute.The evidence shows conclusively, also, that the defendant, from early youth, has been subject to fits of epilepsy.He was born in Germany, and there is much testimony that there was a heriditary tendency in his family to this disease.The attacks have lately been more severe and frequent than in early life.The defendant, when a fit came on, would fall helpless, and remain unconscious for several minutes, and for some time after he came out of the fit, and for a period before he was attacked, his friends would notice a marked change in his conduct and disposition.While naturally good tempered, he became morose and melancholy, and would make gross mistakes in business matters at such times.The medical testimony all agreed that the inevitable effect of frequent attacks of epilepsy was to impair the mental faculties, and affect, more or less, the moral powers; that this disturbance of the mental and moral faculties might precede the attacks, and continue for some time after the person had apparently regained his consciousness.This, in substance, was the nature and character of the evidence which was given on the trial of the special issue, and which was not seriously controverted by the state.The trial court instructed as to what was meant by insanity in law, which charge was sufficiently favorable to the defendant; at least it was not excepted to by his counsel.When the jury first came into court, they announced that they found the defendant guilty, with a recommendation.The court told the jury that the question for them to determine was whether the defendant was sane or insane at the time of the commission of the alleged offense, and that, if they found him...