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 crime and that presumption is not removed by proof that he had sufficient capacity to understand the act charged against him and know its wrongfulness, except by evidence that satisfied the jury beyond a reasonable doubt.
(Refused)
XXVI
Defendant requests your Honor to charge that if the jury finds that the defendant is of a mental age of under twelve years, the evidence that he understood the nature or quality of the act charged against him and knew its wrongfulness must be strong and clear beyond a reasonable doubt.
XXVII
Defendant requests your Honor to charge the jury that it must find that the understanding of and the capacity for committing a crime is measured not by the chronological years of the defendant, but by the strength of the defendant’s understanding and judgment.
(Refused)
XXVIII
Defendant requests your Honor to charge that if the jury find that the defendant was of a mental age of under twelve years, he was incapable of committing the crime charged in the indictment, unless the commonwealth has made strong, clear, and convincing proof beyond a reasonable doubt that the defendant was capable of discerning the difference between right and wrong or knew the quality and nature of his act.