Stjicide

* Self-killing, self-destruction; also, self-murder. The death of a person by his own voluntary act. " Dying by his own hand " translates this Anglicized Latin word. Life insurance companies indiscriminately use either expression, as conveying the same idea. ' Voluntary death caused by an act done by a person sound in mind, and capable of mea-suring his moral responsibility.^ Death by accident or raistalte, as, from drinking a mixture not Itnown to be poison, is, literally, selfkilling, but not suicide; nor is death self -caused by an insane person. Death which is the result of insanity Is.death by disease.' Does not necessarily imply criminal self-destruction. Thus, a condition in an insurance policy providing for forfeiture in case of suicide will not be construed to apply to an act of self-destruction not involving evil will. Death by one's hand, in the case of a person non compos, is the result of disease. To provide for death by disease is the very object of life insurance.^ A self-killing by an insane person, understanding the physical nature and consequences of the act, but not the moral aspect, is not a death by suicide within the meaning 9f a condition that a policy of insurance upon his life shall be void in case he shall die by suicide." 1 96 U. S. 265. a 2 Black, 550; 7 Wall. 618; 2.3 id. 466. » Hurtado v. California, 110 U. S. S31 (1834). « L. sui-cidium, a Wiling of one's self: coedere, to kill, s [Bigelow V. Berkshire Life Ins. Co., 93 U. S. 286 (18T6). « See Connecticut Mut. Life Ins. Co. v. Groom, 86 Pa. 97 (1878), cases. ' Eastabrook v. Union Mut. Life Ins. Co., 54 Me. 227 (1866), cases, Appleton, C. J. See particularly Clif t v. Sohwabe, 54 E. C. L. *457-31 (1846;. « Hancock Mut. Life Ins. Co. v. Moore, 31 Mich. 43 (1876). « Manhattan Life Ins. Co. v. Broughton, 109 U. S. 121, A policy provided that the insurer should pay the beneficiary within a certain time after proof made that the insured sustained bodily injuries, effected through external, violent and accidental means, which alone caused death within a limited period, -no claim to be presented in case of suicide, felonious or otherwise, sane or insane. Held, that the burden of proof was on the claimant (subject to the limitation that it is not to be presumed as law that the deceased took his own life or was murdered) to show that the death was caused by external violence and accidental means; and that no claim could be made If the deceased himself intentionally or when insane inflicted the injuries.* At common law, self-murder is ranked among the highest of crimes. But there was no felony committed where the person lacked years of discretion or was out of his senses. The punishment was forfeiture of goods to the state, and ignominious hurial.' In New York, an attempt to commit suicide is a felony,' but actual self-destruction is not.* An attempt to commit suicide may be considered in connection with previous conduct, as evidence tending to proife insanity. • See Adminibtek, 1; Die, By his own hand; Insanity, 2.