Appellant insists in his bill that the court erred in refusing to give the charge ordinarily denominated “a charge upon irresistible impulse.” We are apprised of the fact that some supreme courts have upheld the doctrine of irresistible impulse as contained in appellant’s charge, but we do not think this doctrine is sound. It has never been recognized as the law of this state. In Hurst v. State, the majority of the court expressly disclaim any assent to the doctrine of irresistible impulse. If defendant has an irresistible impulse to commit a crime, and does not know the nature and quality of the act, he is insane.
If he does know the nature and quality of the act, and does know right from wrong, and knows the act to be wrong, he is not insane. The charge as given is not conflicting, as contended by appellant, and the court did not err in refusing the special charge requested. Were it not for the length of this opinion, it would afford us pleasure to further discuss this question, but it is only necessary here to say that we do not think the court erred in failing to charge on the “doctrine of irresistible impulse,” as contended by appellant.
Appellant excepts to the following portion of the court’s charge: “You are further instructed that if you believe from the evidence in this case that defendant did shoot and kill W. A. Gray as alleged in the indictment herein, and that such killing was not done in his own necessary self-defense, but you further believe it has been shown by a preponderance of the evidence that at the time of the killing defendant, by the continued or recent use of morphine or cocaine or both, or by such use of either or both of said drugs, combined with whiskey, or from any other cause, except the voluntary recent use of ardent spirits alone, as heretofore explained to you, was rendered temporarily insane, and while in such state of insanity killed deceased, and that defendant’s mind was at the time of such killing so affected with insanity that he did not understand the nature and quality and character of the act of killing deceased and its consequences, or if his mind at the time of such killing was in such diseased and unsound condition that for the time being his reason, conscience, and judgment was overwhelmed to such an extent that he did not know such act was wrong and criminal, and would subject him to punishment, or create in the mind of defendant an uncontrollable and irresistible impulse to kill deceased, which, because of such unsound condition of his mind, he had not sufficient reason, judgment, and will power to resist, then you will acquit defendant.” This charge is correct, and is the law of this state. Leache v. State.
