A person, deaf and dumb, was to be tried for a capital felony the Judge ordered a jury to be impanneled, to try whether he was mute by the visitation of God , the jury found that he was so The jury were then sworn to try whether he was able to plead, which they found in the affirmative; and the prisoner, by a sign, pleaded – Not guilty. The Judge then ordered the jury to be sworn to try whether the prisoner was ‘ now sane or not ‘; and on this question, his Lordship directed the jury to consider whether the prisoner had sufficient intellect to comprehend the course of the proceedings, so as to make a proper defence, to challenge any juror he might wish to object to, and to comprehend the details of the evidence; and that if they thought he had not, they should find him not of sane mind. The jury did so; and the Judge ordered the prisoner to be detained under the stat 39 and 40 Geo III. c 94, s 2
Citations:
[1836] EWHC KB 1, (1836) 7 Car and P 303, : 173 ER 135
Links:
Jurisdiction:
England and Wales
Crime
Updated: 01 November 2022; Ref: scu.682274