Legal Opinion

State v. Stansberry

Supreme Court of Iowa

Decided February 9, 1918PublishedCited by 22 opinions

Appeal from Davis District Court. — D. M. Anderson, Judge. Appellant was indicted for “assault with intent to murder.” He was convicted of an assault with intent to do great bodily injury, and appeals.

1Opinion of the CourtSalinger, J.

1. Homicide : excusable or justifiable: self-defense: limiting right to assaults, etc. I. The giving of Instructions 7, S, and 10 is complained of. No exception was taken to No. 10, and we give' complaint of the same no further consideration.

Instruction 7 charges that defendant claims to have acted in self-defense. Speaking to this claim, the court told the jury:

“That, where one is assaulted by another in such manner as to induce the person assaulted to reasonably believe that he is at that time in actual danger of losing his life, or of suffermg a great bodily injury, he is justified in…

2Cases cited37 opinions

  1. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
  2. The People v. . GonzalezNew York Court of Appeals · 1866
  3. Rollings v. StateSupreme Court of Alabama · 1909
  4. Smith v. StateSupreme Court of Alabama · 1913
  5. Davidson v. StateIndiana Supreme Court · 1893

32 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Hawkins v. StateIndiana Supreme Court · 1941
  2. State v. NowlinSupreme Court of Iowa · 1976
  3. State v. RutledgeSupreme Court of Iowa · 1951
  4. State v. FordSupreme Court of Iowa · 1966
  5. State v. TriplettSupreme Court of Iowa · 1956

17 more not listed; retrieve them via the Exa API.

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