Section 1120.

"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

The Criminal Imbecile: An Analysis of Three Remarkable Murder Cases · 第 7 / 7 章