"Insanity and amnesia are distinct conditions, even though amnesia sometimes is an incident of insanity. Insanity is incapacity to discriminate between right and wrong, while amnesia is simply the inability to remember."
How later courts described this case
- "Insanity and amnesia are distinct conditions, even though amnesia sometimes is an incident of insanity. Insanity is incapacity to discriminate between right and wrong, while amnesia is simply the inability to remember."
Written by the judges who cited it.
The opinion
ON PETITION TO REHEAR
The defendant has filed a courteous and dignified petition to rehear, the material *699 substance of which is that in its original opinion the Court decided the case incorrectly.
The petition to rehear clearly states that we fairly recited the material evidence introduced at the trial of this case and that we considered the defendant’s Assignments of Error.
A petition to rehear which points out no matter of law or fact overlooked by the Court, and only seeks to re-argue matters which counsel insists were improperly decided, presents no ground for a rehearing. The office of a petition to rehear is to bring to the attention of the Court matters of law or fact improvidently overlooked, not matters which counsel supposes were decided incorrectly. City of Paris v. Paris-Henry County Public Utility District, 207 Tenn. 388 , 340 S.W.2d 885 ; Flippen v. State, 211 Tenn. 507 , 365 S.W.2d 895 ; Sims v. State, Tenn.Crim.App., 448 S.W.2d 93 ; Rule 32, Rules of Supreme Court of Tennessee.
This petition must be denied.
WALKER, P. J., concurs.