Legal Opinion

State v. Schleagel

Supreme Court of Kansas

Decided January 15, 1893PublishedCited by 3 opinions

Appeal from Rush District Court. The facts sufficiently appear in the opinion, filed January 7, 1893. . The court should have permitted defendant, when testifying as a witness in his own behalf, to testify that in a difficulty between these same parties, on the 26th day of November, Henry Scheurman, the injured party in this trouble, had used a weapon on defendant.

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Appeal from Rush District Court. The facts sufficiently appear in the opinion, filed January 7, 1893. . The court should have permitted defendant, when testifying as a witness in his own behalf, to testify that in a difficulty between these same parties, on the 26th day of November, Henry Scheurman, the injured party in this trouble, had used a weapon on defendant. The sole defense of the defendant is self-defense, and, when he used his knife on Scheurman, he did so believing it was necessary to prevent Scheurman from killing him with a like weapon, which he believed Scheurman was about to…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was a criminal prosecution in the district court of Rush county, upon an information in which *328the defendant, John Schleagel, was charged with committing an offense as follows:

“One John Schleagel did then and there unlawfully, feloniously make an assault with a deadly weapon, to wit, a knife, which said knife, he, said John Schleagel, then and there held in his hand, in and upon Henry Scheurman, unlawfully, feloniously, and willfully, and, with malice aforethought, did stab and wound him, said Henry Scheurman, with the intent then and…

2Cases cited3 opinions

  1. State v. DouglassSupreme Court of Kansas · 1890
  2. People v. DoggettCalifornia Supreme Court · 1882
  3. State v. ScottSupreme Court of Kansas · 1880

3Cited by3 opinions

  1. State v. SelbyOregon Supreme Court · 1914
  2. State v. TurnerSupreme Court of Kansas · 1910
  3. State v. BleeSupreme Court of Iowa · 1907

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