Legal Opinion

State v. Kennedy

Supreme Court of Iowa

Decided June 20, 1866PublishedCited by 14 opinions

Appeal from Dubuque District Court. Homicíde: sele-defense. — The defendant, and his brother Thomas, were jointly indicted and tried for the ■murder of Thomas Dolan, in Dubuque, on the 13th day of June, 1865. Plea — not guilty. Verdict against both of manslaughter. As to Thomas, the court sustained a motion for a new trial.

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Appeal from Dubuque District Court. Homicíde: sele-defense. — The defendant, and his brother Thomas, were jointly indicted and tried for the ■murder of Thomas Dolan, in Dubuque, on the 13th day of June, 1865. Plea — not guilty. Verdict against both of manslaughter. As to Thomas, the court sustained a motion for a new trial. The motion of John for a new trial was overruled, and he was sentenced to five years imprisonment in the penitentiary, and to pay a fine of $100 and costs. From this John appeals. The only error assigned, relates to the charge of the court on the subject of self-defense.…

1Opinion of the CourtDillon, J.

j. homicide: self-defense. The eighth section of the court’s charge (the only portion excepted to by the appellant) was this : “A person may repel force by force in defense r J, l. J 0f i,js person, habitation or property, against one who manifestly intends or endeavors, by violence or surprise, to commit a known felony on either; and if a conflict ensue in such case, and life is taken, the killing is justifiable. It must be proved that the assault was eminently perilous. And unless there be a plain manifestation of a felonious intent, no assault will j ustify killing the assailant. A party…

2Cases cited2 opinions

  1. State v. DecklottsSupreme Court of Iowa · 1865
  2. State v. ThompsonSupreme Court of Iowa · 1859

3Cited by14 opinions

  1. Ritchey v. PeopleSupreme Court of Colorado · 1896
  2. State v. HolderSupreme Court of Iowa · 1945
  3. State v. BenhamSupreme Court of Iowa · 1867
  4. Clifford v. StateWisconsin Supreme Court · 1883
  5. State v. MiddlehamSupreme Court of Iowa · 1883

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