Mortimore v. State
Wyoming Supreme Court
Error to District Court, Converse County; Hon. Charles E. Winter, Judge. Dewey Mortimore was convicted of manslaughter and brings error. The material facts are stated in the opinion. The court erred in excluding evidence of specific acts of violence of deceased, known to defendant, many of which occurred in his presence and some of which were made known to him. This evidence would have given the jury an idea as to the degree of apprehension of defendant at the time he shot.
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Error to District Court, Converse County; Hon. Charles E. Winter, Judge. Dewey Mortimore was convicted of manslaughter and brings error. The material facts are stated in the opinion. The court erred in excluding evidence of specific acts of violence of deceased, known to defendant, many of which occurred in his presence and some of which were made known to him. This evidence would have given the jury an idea as to the degree of apprehension of defendant at the time he shot. It was error to exclude evidence of assaults made by deceased upon defendant’s mother and all threats made to do’ her…
1Opinion of the Court
Potter, Chief Justice.
The plaintiff in error, Dewey Mortimore, was charged with the crime of murder in the first degree and found *460guilty of manslaughter. He will be referred to as the defendant unless by name. The jury added to the verdict a recommendation that the court be as lenient as possible under the law, and he was sentenced to imprisonment in the penitentiary for the term of not more than three years'and not less than two years. The charge was predicated upon the killing of the defendant’s father, Silas Mortimore, and it was sought to justify or excuse the homicide as an act in…
Also in this document: Concurrence.
2Cases cited56 opinions
- Bram v. United StatesSupreme Court of the United States · 1897
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Hurd v. PeopleMichigan Supreme Court · 1872
- Owens v. StateSupreme Court of Georgia · 1904
- The People v. . RogersNew York Court of Appeals · 1858
51 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Culombe v. ConnecticutSupreme Court of the United States · 1961
- Jahnke v. StateWyoming Supreme Court · 1984
- Jahnke v. StateWyoming Supreme Court · 1984
- Buhrle v. StateWyoming Supreme Court · 1981
- Mayer v. StateWyoming Supreme Court · 1980
29 more not listed; retrieve them via the Exa API.