Morisawa

Defendant was convicted of murder in the first degree for the killing of one N. Daitoku. He appeals from the judgment pronounced upon such conviction and from an order denying his motion for a new trial.

The killing was admitted, and the defense was insanity. Complaint is made of the instructions given by the trial court as to the test of insanity. [1] Upon this matter the instructions were in accord with the well-settled law of this state, being substantially to the effect that insanity interposed as a defense in a criminal prosecution means such a diseased and deranged condition of the mental faculties as to render the person incapable of distinguishing between right and wrong, in relation to the act with which he is charged; [2] that in order to establish'the defense, it must be proved by a preponderance of evidence that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, temporary or otherwise, as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know he was doing what was "wrong; that if the defendant at the time he fired the shot at the deceased, if he did…