The Criminal Law Journal of India Journal October 30 1907

Under the rule which prevails in most jurisdictions known as the rule in M'Naughtens' case as formulated by the House of Lords every man is presumed to be sane and the plea of insanity in criminal cases requires proof on the part of the defence that the defendant by reason of a defect of reason at the time the alleged crime was committed either did not know the nature and quality of his act [...] D.* There is admitted to exist in the legal profession and among ditingiushed judges a great conflict of opinion as to the value to be attached * Former Judge of the Supreme Court of Alabama (1880.1890) ; Trustee of the Alabama Insane Hospital for 17 years ; Chairman of the Alabama Lunacy Commission ; the Author o: the Opinion of the Alabama Supreme Court in Parsons e. The State (81 Ala Rep. [...] The Alabama Surene Court more than twenty years since after reviewing the authorities adopted the modern view in Parsons r. The State reported in the 81st volume of the Alabama Reports and republished in the.60th volume of the American Reports. [...] It is there settled that the so-called right and wrong test " is based on an ignorant and erroneous view of the (lisease of insanity and that the true test is not the capacity to distinguish the nature and quality of the act done or to know it was illegal or wrong but the power to control the will sn as to roluntarily abstain from doing the act. [...] We feel that the good and true nien of that noble profession do not desire to rest under such a criticism and ought not to be forced and put to the blush by the acts of those in high places who have helped tQ prduce the condition which now exists and who are entitled to the odium which now rests on the whop profession because of the sins and cupidity of the few.