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BRASWELL V. STATE. parties m ay agree to a statement of facts, and there is no rule pre- scribing or limiting the terms o r manner in which th e agreement shall be formed o r with what particularity.- Rev. Stat., art. 1377. In a criminal case, whilst it is true that an attorney, before verdict, can make no admission of a fact necessary to conviction, without consent of hi s client, after verdict and judgment, we know of n o rule which inhibits, a n d se e n o reason why counsel m ay not agree as to the con- clusion and effect of the evidence adduced on th e trial; that is , that it wa s sufficient to sustain the allegations in the indictment. We perceive no error in the conduct of, or proceedings on the trial in the court below, and the judgment is therefore affirmed. INSANITY AS A DEFENCE--BURDEN OF PROOF. Alabama Supreme Court. BRASWELL V. STATE. Evidence as to sleeplessness and nervous restlessness is admissible to prove in- sanity, but only as a circumstance to be weighed by the jury. An exception, to be the subject of revision, must clearly point to what it refers. Insanity, properly proved, is a complete answer to a criminal charge. An unsound mind cannot form a criminal intent, and as crime includes both the act and intent, an indispensable constituent is wanting when the mind is diseased in that degree which is, by law, insanity. To justify the inference of insanity from calmness of manner and indifference to consequences accompanying the killing, there should b e convincing evidence of previous insanity, or insane delusion, so recent as , coupled with the causelessness of the killing, to raise the presumption that the paroxysm had not entirely passed away. Moral insanity, consisting of irresistible impulse co-existing with mental sanity, is no defence to a criminal charge. Insanity is a defence which must be proved, to the satisfaction of the jury, by the measure of proof required in civil causes; and a reasonable doubt of sanity raised by all the evidence, does not authorize an acquittal. Anon. Insanity as a Defense--Burden of Proof - Alabama Supreme Court. Braswell v. State. Criminal Law Magazine. 1881 Jan;2(1):32-45.

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