XXI
Defendant requests your Honor to charge the jury that the commonwealth must satisfy the jury beyond all reasonable doubt, that, at the moment the act alleged in the indictment was committed by the defendant, he had reason, perception, and understanding sufficient to enable him to discern right from wrong, and that if he had not, it is the duty of the jury to acquit this defendant.
XXII
Defendant requests your Honor to charge that if the jury believe that the defendant did not suffer from any mental aberration which would absolve him from punishment for the act charged in the indictment prior to the commission of the act, or subsequent thereto, but that such state of mental aberration did exist at the moment when the act occurred which the defendant stands charged with, this defendant cannot be convicted of the crime charged in the indictment, or any other crime, and must be acquitted.
XXIII
Defendant requests your Honor to charge the jury that if there is a reasonable doubt in the minds of the jury as to whether the act charged in the indictment was committed by the defendant while he was unable to discern between right and wrong, or if the evidence is equally balanced as to this, so that the jury cannot safely and conscientiously determine whether the killing of the deceased was intentional, or was committed by the defendant while he was unable to discern between right and wrong with respect to the act, then this defendant is entitled to the benefit of that doubt and entitled to an acquittal.
XXIV
Defendant requests your Honor to charge the jury that if it finds that the defendant is of a mental age of under twelve years, he is presumed to be incapable of the commission of crime.
(Refused)
XXV