Case library · House Deck
Of Unsound Mind
Durham v. United States (1954)
Charge: HousebreakingCourt: U.S. Court of Appeals for the D.C. CircuitState: District of ColumbiaDocket: House Deck
The facts
A man was charged with breaking into a house. He had been in and out of psychiatric hospitals for years. Weeks before the break-in he had been discharged from a mental hospital as recovered, but his mother said he then seemed afraid of people and had hallucinations. His only defence was that he was of unsound mind at the time. A doctor testified that he was. The trial judge rejected the defence, applying the test of whether he could tell right from wrong. The question is whether that test is enough.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954)
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