Fisher v. United States

328 U.S. 463 (1946)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Miss Reardon was the librarian. She had complained a few days before about D's care of the premises. D was the janitor. Miss Reardon and D were alone in the library and D testified that Miss Reardon was killed by him immediately following insulting words from her over his care of the premises. After slapping her impulsively, D ran up a flight of steps to reach an exit on a higher level but turned back down, after seizing a convenient stick of firewood, to stop her screaming. He struck her with the stick and when it broke choked her to silence. He then dragged her to a lavatory and left the body to clean up some spots of blood on the floor outside. While D was doing this cleaning up, the victim 'started hollering again.' D then took out his knife and stuck her in the throat. She was silent. After that he dragged her body down into an adjoining pump pit, where it was found the next morning. In his original confession, D made no reference to Miss Reardon's use of insulting words. In his written confession, they were mentioned. In his testimony their effect upon him was amplified. D admitted that his main reason for assaulting Miss Reardon was because she reported him for not cleaning the library floor. D contends that his mental and emotional qualities make him incapable of deliberation and premeditation although he was then sane in the usual legal sense. D knew right from wrong. His will was capable of controlling his impulses. An expert testified that he was a psychopathic personality of a predominantly aggressive type. There was evidence that D was unable by reason of a deranged mental condition to resist the impulse to kill Miss Reardon. P had competent evidence that D was capable of understanding the nature and quality of his acts. D sought an instruction from the trial court which would permit the jury to weigh the evidence of his mental deficiencies, which were short of insanity in the legal sense, in determining the fact of and the accused's capacity for premeditation and deliberation. It was refused. Instructions were submitted to the jury for the issues of insanity, irresistible impulse, malice, deliberation and premeditation. D was found guilty and convicted to death. The appeals court affirmed. The Supreme Court granted certiorari.