You Are Instructed That No Act Done in a State of Insanity Can Be Punished As an Offense

You Are Instructed That No Act Done in a State of Insanity Can Be Punished As an Offense

<p> You are instructed that no act done in a state of insanity can be punished as an offense. Such person acting in a state of insanity is one who, at the time of the conduct charged against him, as a result of severe mental disease or defect, did not know that his conduct was wrong. The term "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct. You are further instructed that, if the person charged with an offense had, prior to the alleged commission of such offense, been adjudicated insane in legal proceedings and that such adjudication had not thereafter been vacated prior to the alleged commission of the offense charged, the law presumes that such insanity continues until such time, if any, that the defendant is proved to be or is adjudicated to have become sane. By the use of the term "sane" is meant that the person in question was not suffering from any severe mental disease or defect that rendered him unable to know that his conduct, if any, was wrong. In this case, the burden of proving beyond a reasonable doubt that the defendant was sane at the time of the alleged commission of the offense charged rests upon the State. Now, if you believe from the evidence beyond a reasonable doubt that the defendant, «DEFENDANT1», in Harris County, Texas, on or about the «DATE», did then and there unlawfully, , and if you further find from the evidence beyond a reasonable doubt that the defendant, «DEFENDANT1», on the occasion of said alleged offense in question, if any, was a sane person, that is, he was not suffering from a severe mental disease or defects rendering him unable to know that his conduct was wrong, then you will find the defendant guilty as charged in the indictment. Unless you so find from the evidence beyond a reasonable doubt, or if you have a reasonable doubt thereof, you will acquit the defendant and say by your verdict "Not Guilty."</p>

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