For, though punishment be annexed to personality, and personality to consciousness, and the drunkard perhaps be not conscious of what he did, yet human judicatures justly punish him; because the fact is proved against him, but want of consciousness cannot be proved for him.

The trial court refused this request and instructed the jury that if they found that Reynolds, under religious influence, "deliberately married a second time, having a first wife living, the want of consciousness of evil intent-the want of understanding on his part that he was committing crime-did not excuse him, but the law inexorably, in such cases, implies criminal intent."