If clear proof of any of these states is ever shown to the judges selected in each case, on the submission of either the criminal or his counsel, and in the opinion of the court the man was in that condition when he committed his crime, he must pay, without fail, simple recompense for any damage he may have inflicted on anyone, but the other details of the penalty should be waived, (b) if he has killed someone and his hands are polluted by murder, he must depart to a place in another country and live there in exile for a year.