"Offense committed by an idiot or lunatic. An act done by a person who is
an idiot, imbecile, lunatic, or insane is not a crime. A person cannot be
tried, sentenced to any punishment, or punished for a crime while he is in
a state of idiocy, imbecility, lunacy or insanity, or is incapable of
understanding the proceeding or making his defense. A person is not
excused from criminal liability as an idiot, imbecile, lunatic, or insane
person except upon proof that at the time of the committing of the alleged
criminal act he was laboring under such a defect of reason as not to know
the nature and quality of the act he was doing or know the nature of the
act as wrong."
By the Court: Well, now, my suggestion is why not embody that in your
question.
By Mr. McIntyre: That is the second question, your Honor....
_Q._ I asked you what was your opinion concerning his mental condition.
_A._ That he is an imbecile.
_Q._ Now, Doctor, assuming that all the acts recited in the hypothetical
question to have been established by evidence, to be true, in conjunction
with the physical and mental examination made by you in the County Jail on
the 17th day of May this year,--from your experience and your knowledge of
imbeciles and idiots, in your opinion was Jean Gianini at the time of the
killing of Lida Beecher in such a mental condition as to know the nature
and quality of the act he was doing or that the act was wrong?
By Mr. Thomas: I object to it as improper in form and copulative.
Objection overruled.
_Q._ Your opinion, Doctor?
_A._ He was not in such condition.
APPENDIX B
GIANINI CASE
HYPOTHETICAL QUESTION PROPOUNDED BY THE PROSECUTION
_Q._ Doctor, kindly assume that the defendant had been a pupil taught by
Lida Beecher in the public school at Poland and harbored against her a
desire for revenge because she had punished him; that he stated to people
of his acquaintance that he would get even with her; that on Tuesday,
March 24th, 1914, he stated to a man with whom he was working that if he
had a revolver he would shoot her; that several days previously he had
this wrench, Ex. 45, in his possession and stated to a man who asked him
what he was going to do with it, that he had use for it; that he met Miss
Beecher, who was a young lady about twenty years old, five feet three
inches in height, weighing about 126 pounds, wearing upon the head this
cap, Ex. 26, and as an outer garment, this raincoat, Ex. 29 (showing to
witness), Wednesday, March 25th, 1914, about seven P.M. in the Post
Office at Poland, Post Office in the village of Poland, the location of
which is indicated on this map, Ex. 1, to which I now call your attention
(indicating); walked with her and Miss Clark, a teacher, from the Post
Office along Cold Brook Street to a point on the southerly side of the
street opposite the residence of James D. Countryman, the location of
which is also shown on the map at a point to which I now call your
attention (indicating), and that during that walk the defendant asked Miss
Beecher when she was coming up to see his father, and upon receiving the
answer that she did not know, said, "Aw, I don't believe you intend to
come at all; you will wait until summer time and go home and then it will
be too late"; that on the following evening, Thursday, he again met Miss
Beecher at or near the Post Office and asked her to go up to his house and
see his folks about going to school and she replied that she could not
that night, that she was going to prayer meeting, that she would go the
next night; that on the following day, Friday, he provided himself with
the knife, Ex. 48, for the occasion, and with the intention of killing
her, sharpened it for that purpose; that he met Miss Beecher about seven
P.M. on the evening of Friday, March 27th, near the Post Office and walked
with her along the south side of Cold Brook Street to the foot of Buck
Hill, which Buck Hill road is also shown on this map, a distance of 2006
feet; that they then proceeded together along up Buck Hill, he getting her
to accompany him by telling her that his father lived up over the hill,
had moved up there two or three weeks before; that they went on part way
up the hill, and Miss Beecher hesitated and said it was farther up than
she thought it was, she did not think she would go any farther, and the
defendant said to her, "It is not but a little ways farther"; that when
they got to a point on the hill distant about 4198 feet from the Post
Office, she hesitated and said, "It is dark and I see no houses, no light,
don't think I will go any farther, will write your father a letter in
regard to this school matter"; that as she stopped he stepped back of her,
hit her on the head with this monkey wrench, Ex. 45, which weighs 2 pounds
7-15/16 ounces, which I now show to you, he at that time having as an
outer garment this coat, and wearing this shirt, Ex. 49, which I now show
to you; knocking her down, he hit her twice with it after she was down;
that when he first hit her with the wrench, she did not cry out but
moaned; that he then threw the wrench up over the fence on to the top of
the bank, about 35 feet; that it was so dark he could not see; took the
knife, Ex. 48, and as she was lying on the ground, hit her with it several
times to be sure to finish her, inflicting punctured wounds, one on the
back of the neck just below the hair line 3/4 of an inch in length, one on
the left side of the neck about 1/2 of an inch long, cutting a hole in the
external carotid artery 3 inches above the bifurcation of the common
carotid artery; that he then grabbed the body, which was face down, by the
right foot and dragged it across the road under a barbed-wire fence, down
the hill back of a bush to the swale; that he took hold of the right foot
because he did not want to get blood on his hands so that his finger
prints could be taken; that he ran immediately from the body to the Buck
Hill road and came out on to it a few rods nearer Poland than the point
where he dragged the body under the fence, ran down the road some
distance, and a team or sleigh came along and he stopped running and
waited until after that team got by him; that he reached his father's
house, which is shown on this map, Ex. 1, and the location of which I call
your attention to (indicating), at 7:30 and would have reached it sooner
if he had not fallen down four or five times on the way home; that he went
into the house and put the knife, off from which he had wiped the blood in
the snow, in the pantry drawer; that he was sent on an errand to the
house of Thomas Owens, on Cold Brook Street, which is also shown on this
map, Ex. 1, to the location of which I now call your attention
(indicating), to return some books of samples of wall paper, and to give
Mr. or Mrs. Owens a one-dollar bill and a soap order, to which it was
pinned; that he ran down the street, threw the books on to the veranda
floor near the kitchen door, ran down Cold Brook Street to South Main
Street, and tried to get the freight train which passed south on the M. &
M. railroad; that he ran back to his father's house and arrived there a
little after eight, took off his shoes, put on his slippers, read the
newspaper a little while, and went to bed; that he arose about six o'clock
the next morning; left his father's house, went to Sam Hutchinson's, by
whom he was employed, and whose residence is also shown on this Ex. 1, at
the location to which I now call your attention (indicating), went to the
barn, assisted in doing the chores, went in to breakfast, said nothing,
left there the coat, Ex. 41, which was then substantially in the same
condition as it is now, and to its condition, especially on the back, I
call your attention, and this being the coat which he wore the evening
before, which I now hand to you and call your attention to (indicating)
the condition of, put on another coat, and started down the railroad
track towards Herkimer, which is on the line of the New York Central and
Hudson River railroad, and some fourteen miles from Poland, intending then
to go away from Poland; that he was apprehended at Newport, a place
distant about four miles from Poland and between there and Herkimer, and
brought back in a cutter by Mr. Newman, whom he had known for several
years; that on the drive from Newport to Poland Newman asked him if he had
heard what happened at Poland, and defendant replied he hadn't; when asked
if he had seen anything of Miss Beecher the night before, said he had not;
when asked by Newman if he had heard that Miss Beecher was murdered or
killed, defendant said, "No," and on Newman's saying, "They are looking
for you for it," defendant said, "They can't give me but ten years, can
they?"; that as they drove into the village of Poland and turned from
South Main Street into Cold Brook Street, near the Post Office, there were
some rigs coming down the hill, and defendant said, "They are coming off
the hill with her now"; that in the afternoon of the same day he
voluntarily made, signed, and swore to the following statement with
reference to the matter.[3]
State, Doctor, basing your reply upon the hypothesis stated in the
question, whether or not, in your opinion, the defendant, at the time he
struck Miss Beecher with the wrench, understood that he had no right to do
it?
Mr. McIntyre: Don't answer. We object to the question in that it only
recites the revolting details of the alleged crime and that when the
question was being propounded to the witness upon the stand, counsel for
the State exhibited the knife, the wrench, the coat, the hat, and other
things in evidence in rather a dramatic way before the jury.
We object to the question upon the ground that it does not contain all the
essential features in this case bearing upon the crime.
We object to the question upon the ground that the hypothetical question
fails to include the condition of the defendant's mother at the time of
his birth; it fails to include the fact that the first child was an idiot
during his lifetime; it fails to disclose the conduct and deportment of
the defendant from the time of his birth down to the commission of this
crime.
We submit respectfully that the hypothetical question is a garbled
statement of that which has transpired during this case and can have but
one effect--to bias and prejudice the minds of the jurors. And I submit
it is incompetent, immaterial and irrelevant and improper, in addition.
The Court: Objection overruled.
Mr. McIntyre: Exception, sir.
_Q._ Have you got the conclusion, the concluding portion of my question in
mind?
_A._ Would you repeat it?
_Q._ Yes. State, Doctor, basing your reply upon the hypothesis stated in
the question, whether or not, in your opinion, the defendant, at the time
he struck Miss Beecher with the wrench, understood that he had no right to
do it.
_A._ I cannot get any evidence from the facts recited there to enable me
to determine.
_Q._ Well, can you determine from this question an opinion as an expert?
_A._ No, I cannot.
APPENDIX C
GIANINI CASE
DEFENDANT'S REQUEST TO CHARGE
I
Defendant requests your Honor to charge the jury that, in determining the
guilt or innocence of the defendant of the offense charged in the
indictment, the jury are to consider only the evidence of the case and are
to disregard any statement made during the course of the trial, by counsel
or the Court, and are not to be influenced or governed by any expression
of opinion or action of either the Court or counsel for defendant or the
people.
II
Defendant requests your Honor to charge that the jury are not to be
influenced, in the consideration of this case, by any comment or
expression of opinion in the newspaper reports of this case, and they must
disregard any statement or comment contained in any such report, if same
has in any way been brought to their attention.
III
Defendant requests your Honor to charge the jury that, in considering this
case, after its submission to them, the jury must proceed upon the
presumption that the accused, the defendant herein, is innocent of the
crime charged in the indictment and that it is necessary for the
commonwealth to overcome this presumption by evidence to convince them,
beyond a reasonable doubt, that the defendant is guilty of the crime
charged against him in the indictment.
IV
Defendant requests your Honor to charge the jury that, in consideration of
this case, the jury are bound to act and proceed upon the presumption that
the accused is an innocent boy, and this presumption must continue
throughout the trial.
V
Defendant requests your Honor to charge the jury that, the defendant being
charged with the crime of murder, the commonwealth is bound to prove
every and all the essential facts necessary to constitute this crime
beyond a reasonable doubt before the jury can convict the defendant of the
crime charged in the indictment.
VI
Defendant requests your Honor to charge the jury that, upon the whole
case, if the commonwealth has failed to prove all of the facts beyond a
reasonable doubt, the defendant is entitled to be acquitted.
VII
Defendant requests your Honor to charge the jury that the burden in this
case rests with the commonwealth, from the beginning to the end of the
trial, to establish, beyond a reasonable doubt, every fact essential to
the conviction of the defendant, and if the commonwealth has failed to
prove such charge beyond a reasonable doubt, the defendant is entitled to
an acquittal.
VIII
Defendant requests your Honor to charge the jury that the unintentional
killing of a human being by another without motive, intent, premeditation,
is neither murder nor manslaughter.
IX
Defendant requests your Honor to charge the jury that the questions of
deliberation and premeditation, intent and motive, are purely questions of
fact, to be determined by the jury from the evidence alone.
X
Defendant requests your Honor to charge that if the jury cannot say,
beyond a reasonable doubt, that the defendant was sane at the time of the
commission of the act, and cannot say whether, at that time, he was sane
or insane, the defendant must be acquitted.
XI
Defendant requests your Honor to charge the jury that if, at the time the
defendant committed the act charged against him, upon seeing the deceased,
he was thrown into a state of mind from which he was deprived of his
understanding, so as to be unaware of the nature and quality of the act he
committed, or so as to be unable to distinguish between right and wrong in
reference to that particular act at the time of its commission, this
defendant must be acquitted.
XII
Defendant requests your Honor to charge the jury that, although sanity is
assured and presumed to be the normal and natural state of the human mind,
when imbecility is once shown to exist in a person, it is presumed to
exist and continue until the presumption is overcome by contrary or
repelling evidence proving sanity.
XIII
Defendant requests your Honor to charge the jury that if defendant was
deprived of his reason at the time the act charged against him was
committed, and which resulted from a settled and well-established mental
alienation, or from the pressure and overpowering weight of circumstances
occurring before and at the time of the commission of said act, the said
defendant is legally irresponsible for it and must be acquitted.
XIV
Defendant requests your Honor to charge the jury that if, at the time of
the commission of the act, the defendant was under the influence of a
diseased mind, and was really unconscious that he was committing a crime,
this defendant must be acquitted.
XV
Defendant requests your Honor to charge the jury that the insanity of the
defendant need not be proven beyond a reasonable doubt.
XVI
Defendant requests your Honor to charge that the jury, in considering this
case, are bound to act upon the presumption that the accused, the
defendant, is innocent, and should endeavor, if possible, to reconcile all
the circumstances of the case with that of innocence.
XVII
Defendant requests your Honor to charge the jury that the burden of proof
rests with the commonwealth in this case, from the beginning to the end of
the trial, and the commonwealth are bound to prove that the defendant
committed the crime charged in the indictment beyond a reasonable doubt,
otherwise the defendant is entitled to be acquitted.
XVIII
Defendant requests your Honor to charge that the jury must be satisfied
beyond a reasonable doubt, from the evidence of the case, of the sanity of
the defendant at the time of the commission of the act charged in the
indictment, and if the people fail to establish the sanity of the
defendant at the time of the commission of the act charged in the
indictment, this defendant cannot be convicted of any crime and is
entitled to an acquittal.
XIX
Defendant requests your Honor to charge the jury that the law does not
require that the insanity, imbecility, or mental aberration which absolves
from crime should exist for any definite period, and only that it existed
at the moment when the act occurred.
XX
Defendant requests your Honor to charge the jury that if the insanity,
imbecility, or mental aberration which absolves from crime operated at the
moment that the act was committed, that is sufficient in law to absolve
from guilt, and this defendant cannot be convicted of the offense charged
in the indictment, or any other offense.
XXI
Defendant requests your Honor to charge the jury that the commonwealth
must satisfy the jury beyond all reasonable doubt, that, at the moment
the act alleged in the indictment was committed by the defendant, he had
reason, perception, and understanding sufficient to enable him to discern
right from wrong, and that if he had not, it is the duty of the jury to
acquit this defendant.
XXII
Defendant requests your Honor to charge that if the jury believe that the
defendant did not suffer from any mental aberration which would absolve
him from punishment for the act charged in the indictment prior to the
commission of the act, or subsequent thereto, but that such state of
mental aberration did exist at the moment when the act occurred which the
defendant stands charged with, this defendant cannot be convicted of the
crime charged in the indictment, or any other crime, and must be
acquitted.
XXIII
Defendant requests your Honor to charge the jury that if there is a
reasonable doubt in the minds of the jury as to whether the act charged in
the indictment was committed by the defendant while he was unable to
discern between right and wrong, or if the evidence is equally balanced
as to this, so that the jury cannot safely and conscientiously determine
whether the killing of the deceased was intentional, or was committed by
the defendant while he was unable to discern between right and wrong with
respect to the act, then this defendant is entitled to the benefit of that
doubt and entitled to an acquittal.
XXIV
Defendant requests your Honor to charge the jury that if it finds that the
defendant is of a mental age of under twelve years, he is presumed to be
incapable of the commission of crime. (_Refused_)
XXV
Defendant requests your Honor to charge the jury that if it finds that the
defendant is of a mental age of under twelve years, he is presumed to be
incapable of crime and that presumption is not removed by proof that he
had sufficient capacity to understand the act charged against him and know
its wrongfulness, except by evidence that satisfied the jury beyond a
reasonable doubt. (_Refused_)
XXVI
Defendant requests your Honor to charge that if the jury finds that the
defendant is of a mental age of under twelve years, the evidence that he
understood the nature or quality of the act charged against him and knew
its wrongfulness must be strong and clear beyond a reasonable doubt.
XXVII
Defendant requests your Honor to charge the jury that it must find that
the understanding of and the capacity for committing a crime is measured
not by the chronological years of the defendant, but by the strength of
the defendant's understanding and judgment. (_Refused_)
XXVIII
Defendant requests your Honor to charge that if the jury find that the
defendant was of a mental age of under twelve years, he was incapable of
committing the crime charged in the indictment, unless the commonwealth
has made strong, clear, and convincing proof beyond a reasonable doubt
that the defendant was capable of discerning the difference between right
and wrong or knew the quality and nature of his act. (_Refused_)
XXIX
Defendant requests your Honor to charge that the burden is upon the
commonwealth to show that the defendant has intelligence and maturity of
judgment sufficient to render him capable of harboring a criminal intent.
XXX
Defendant requests your Honor to charge that if no motive has been
established for the crime, the jury must regard it as important in its
bearing upon the question of the defendant's mental condition at the time
of the commission of the act charged against him.
XXXI
Defendant requests your Honor to charge the jury that if the commonwealth
have established merely a slight, trifling, and inconsequential motive for
the commission of the act charged in the indictment, they should regard it
as important and give it more consideration in connection with the
question of the defendant's mental condition.
XXXII
Defendant requests your Honor to charge the jury that the commission of
the crime charged in the indictment by a child of tender years from its
very nature raises the question of abnormality of the defendant's mind and
in the absence of clear, strong, and convincing evidence on the part of
the commonwealth, it must conclude that the defendant's mental condition
was such that he did not understand the wrongfulness of his act or
understand the nature and quality of his act.
XXXIII
Defendant requests your Honor to charge that evidence of the want of a
rational and reasonable motive on the part of the defendant for the
perpetration of the act charged in the indictment is to be considered by
the jury as strong corroboration of the fact of his mental
irresponsibility.
XXXIV
Defendant requests your Honor to charge that the perpetration of the act
charged in the indictment without any apparent motive or object, but
against every motive which would appear to be naturally influential with
the defendant, that they must at once inquire whether or not the defendant
was of sound mind and take into consideration with the other evidence of
this case that he was not of sound mind, the absence of sufficient motive
must lead them to conclude that he was of unsound mind and could not
distinguish between right and wrong or know the nature and quality of his
act.
XXXV
Defendant requests your Honor to charge that the absence of a clear and
convincing motive in itself is evidence of an unsound mind.
XXXVI
Defendant requests your Honor to charge that if the defendant acted
without any reasonable or rational motive or object, but against every
motive and object, which it would appear should have been influential with
him, that fact in itself raises a presumption that the defendant was of
such unsound mind that he could not distinguish between right and wrong or
know the nature or quality of his act.
XXXVII
Defendant requests your Honor to charge the jury that they have no right
to presume a motive from the mere commission of the crime and have no
right to speculate, guess, or surmise or supply any motive for the
commission of the act charged in the indictment.
XXXVIII
Defendant requests your Honor to charge that the failure of the
commonwealth to call as witnesses Drs. Maybon and Palmer, who made
examinations of the defendant, to testify as to his mental condition,
raises the inference that if they had been called as witnesses, they would
have testified adversely to the commonwealth in respect to the defendant's
mental condition.
XXXIX
Defendant requests your Honor to charge that from the failure of the
commonwealth to call as witnesses Drs. Maybon and Palmer, who examined the
defendant, the jury may infer that they would have testified that the
defendant was a high-grade imbecile who was laboring under such defect of
reason as not to know the nature and quality of the act of which he is
charged in the indictment or not to know the act was wrong at the time it
was committed.
XL
Defendant requests your Honor to charge that from the failure of the
commonwealth to call as witnesses Drs. Maybon and Palmer, the jury may
infer that had they been called they would have testified unfavorably and
adversely to the commonwealth, especially in the absence of any
explanation made under oath as to why they were not called.
XLI
Defendant requests your Honor to charge that if the jury acquit the
defendant on the ground of insanity, in that event the jury should specify
in its verdict that it acquits him on the ground of insanity.
XLII
Defendant requests your Honor to charge that if the jury acquit the
defendant upon the ground of insanity, it will become the duty of the
Court to order him committed to a State Asylum.
XLIII
Defendant requests your Honor to charge that if the jury acquit the
defendant on the ground of insanity, in this case such insanity will mean
imbecility, and that as imbecility cannot be cured, it will become the
duty of the Court to order him committed to a State Asylum for the rest of
his actual life.
XLIV
Defendant requests your Honor to charge the jury that the denial of the
several motions made by defendant's counsel throughout the trial, and the
rulings of the Court upon objections, and refusals by the Court to charge
as requested, are not to be taken as any expression of opinion on the part
of the Court upon the facts of this case, but are only rulings upon the
law, about which the jury has nothing to do.
NOTE. Requests XXIV, XXV, XXVII, and XXVIII, the Court refused to charge.
INDEX
Abstract ideas, lack of, in morons, 98.
Actions after crime, Gianini, 25, 27.
Pennington, 50-52.
Tronson, 76-78.
Alcoholism, 110.
Barr, Dr. Martin W., statement of, 86.
Beecher, Miss, annoyed by Gianini, 23.
Binet tests, and school experience, 35, 38, 54.
use of, in Gianini case, 32-35.
in Pennington case, 53.
in Tronson case, 80.
Capital punishment, 101.
Cause of Gianini's condition, 39-41.
Causes of feeble-mindedness, 39.
"Charity" in Binet tests, 34.
Children, testimony of, 90.
actions of, 94.
suggestibility of, 63.
Code quoted, 128.
Colonization, 107.
Confession, Gianini, 4, 9, 10.
Pennington, 44, 53.
Tronson, 67-80.
characteristic of imbeciles, 16, 29.
childishness of Pennington's, 55, 56.
not necessarily true, 17.
why Gianini made a, 15.
Confessions compared, 83, 90-93.
Courtroom, conduct in, 30, 67, 92.
Coward, the imbecile, 23.
Cretinism, 40.
Crime, details of, Gianini, 122, 132.
Pennington, 47.
Tronson, 74.
Criminal imbeciles, what should be done with, 102.
Criminals, 50 per cent feeble-minded, 106.
Defense in case of, Gianini, 2, 5.
Pennington, 43.
Tronson, 66.
Delinquencies, previous, of Gianini, 7, 37, 115, 116.
of Tronson, 68, 69, 82.
Display, love of, 29.
Experts, qualifications of, 85.
Feeble-mindedness, causes of, 39, 106.
may be exterminated, 108.
Feeble-mindedness in family, Gianini, 40.
Pennington, 87.
Finger prints, 26.
Gianini, Jean, case of, 1-41.
actions after the deed, 25, 27.
attitude of Miss Beecher toward, 7, 119.
disregards counsel's warning, 30.
evidences of pride in deed, 16-19, 29, 123.
facts as established by testimony, 3.
incidents in life of, 113-125.
indifferent to crime, 10, 29, 120, 125.
interest in stories of crime, 26, 118, 121, 123.
mentality of, 13.
mother of, 40, 109-112.
previous delinquencies of, 7, 37, 115, 116.
stories about, 31, 113.
teased little children, 32, 116, 119.
threats made by, 121, 125, 131.
Great White Way, 117.
Hypothetical question, defense, 109-126.
prosecution, 131-136.
Idiot, defined, 12.
Imbecile, career of an, 54.
Imbecility defined, 11.
not curable, 102.
Imbecility, defense of, Gianini, 2, 5.
Pennington, 43.
Tronson, 66, 80.
Imprisonment for life, 89, 101, 104.
Indian, Gianini plays, 23.
Insanity in relation to crime, 102.
Instinct to kill, 105.
Institution for feeble-minded, the logical place, 104.
Intelligence, tests of, admitted into court, 2, 32-35, 53, 80.
Interest in crime, Gianini's, 26, 118, 121, 123.
Jail, attitude in, Gianini, 30;
Pennington, 55.
examined in, Gianini, 29;
Pennington, 53, 56.
Jealousy of March, 53.
Liberty of defendant not desired, 88, 103.
McIntyre, John F., 103.
March, convicted, 43.
convicted upon Pennington's testimony, 90.
Pennington's relation to, 55, 56, 64.
Masturbation, 117.
Melancholia, 110-112.
Mental defectiveness, inherited, 39, 106.
recognized early, 105.
Mentality of, Gianini, 13.
Pennington, 53.
Tronson, 66.
Money as motive, 57.
Moron, defined, 11.
abstract ideas lacking in, 98.
Mother of Gianini, 40, 109-113.
Motive, Gianini's, 4, 20-25.
March's, 53.
Pennington's, 53, 56-60.
Tronson's, 76, 80.
Pennington, Roland, case of, 42-64.
actions after the deed, 52-53.
conduct at trial, 92.
confession, 44-53.
disregards lawyer's caution, 55.
mentality of, 53.
relation to March, 55, 56, 64.
testimony against March, 43, 90, 92.
trial, 43.
Preparations for crime, Gianini, 6.
Pennington, 47.
Tronson, 70.
Prevention, 82, 87, 104-108.
Propagation, prevention of, 106-108.
Psychologists, testimony of, 32, 53, 66.
Punishment for criminal imbeciles, 88, 100-108.
Quality of an act, meaning of, 96.
St. Vincent's School, 7, 116.
School, failure in, sign of mental defect, 37.
Gianini case, 35-37, 124.
Pennington case, 54.
Tronson case, 66.
Segregation, 107.
Sexual theory of Gianini's crime, 20.
Society, duty of, 82.
protection for, 100.
Speech development retarded, 113.
State prison for the imbecile manslayer, 89, 104.
Sterilization, 107.
Stories about Gianini,
"Indian," 113.
"Soup and safety," 31.
"Strap oil," 32.
teased little children, 32, 113, 116, 119.
"Thief," 114.
Suggestion, discussed, 61-63.
Pennington, victim of, 56-64.
Superintendents as specialists, 88.
Testimony of, children, 90.
experts, 85.
Pennington against March, 43, 90, 92.
psychologists, 32, 53, 66.
witnesses, 3-8, 18, 31, 35-37.
Trial, Gianini, 1, 30, 31.
Pennington, 43, 92.
Tronson, 66, 67.
Tronson, Fred, case of, 65-82.
actions after the deed, 76-78.
confession of, 76-80.
mentality of, 66.
previous delinquencies of, 68, 69, 82.
Types considered, of imbecility, 83.
of feeble-mindedness, 12-14.
Verdict, Gianini case, 1, 2.
Pennington case, 43.
Tronson case, 66.
Witnesses, children as, 90.
Wrench asked about, 7.
Printed in the United States of America.
FOOTNOTES:
[1] See prosecution's hypothetical question--Appendix, pp. 131-138.
[2] See Gianini Case, Defendant's Request to Charge, Nos. XLII, XLIII,
Appendix, p. 153.
[3] For statement see p. 9.
End of Project Gutenberg's The Criminal Imbecile, by Henry Herbert Goddard