State v. Kirk
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. K. P. Howell, Judge. The defendant was indicted for murder in tbe first degree and convicted of manslaughter. He appeals.
1Opinion of the CourtLadd, C. J.
1. Criminal law : self-defense : defendant the aggressor: avoiding necessity to kill: jury question. The defendant shot and killed his wife, Frances E. Kirk, September 6, 1913, and was put on trial the 29th day of the same month. He justified by pleading self defense. They had lived in Iowa City about a year and one-half and were engaged in selling Indian Medicine remedies, he being of Indian-Portuguese extraction and she a FrenclnCanadian. He was forty-five years of age and she some years older. She had begun an action for divorce and had procured a writ of injunction restraining him from…
2Cases cited7 opinions
- State v. DudleySupreme Court of Iowa · 1910
- Douglass ex rel. Osborne v. AgneSupreme Court of Iowa · 1904
- Hardy v. StateSupreme Court of Missouri · 1842
- Brown Land Co. v. LehmanSupreme Court of Iowa · 1907
- Newkirk v. StateIndiana Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State of Iowa v. Tyler James WebsterSupreme Court of Iowa · 2015
- Hall v. City of West Des MoinesSupreme Court of Iowa · 1954
- State v. SinegalSupreme Court of Louisiana · 1981
- Fagen Elevator v. PfiesterSupreme Court of Iowa · 1953
- Parsons v. First National BankSupreme Court of Iowa · 1947
13 more not listed; retrieve them via the Exa API.