Legal Opinion

State v. Minella

Supreme Court of Iowa

Decided June 29, 1916PublishedCited by 17 opinions

Appeal from Monroe District Court. — F. M. Hunter, Judge. Indictment ebarging murder in the first degree. Conviction of murder in the second degree. Defendant appeals.

1Opinion of the CourtSalinger, J.

l. Appeal and ta«omreSen’ I. It is first complained that the rule which permits one to kill in defense of another if he honestly and reasonably, though mistakenly, believes that, else, the one apparently threatened will suffer injury or death, was, and should not have been, quali^y adding that the belief or knowledge of the one defending should be considered in determining whether the fear on part of the defender was justified. For the claim that such qualification constitutes error, 41 cases are cited. Of these, 15 have no bearing on the point; 16 are to the effect that one acting in…

2Cases cited24 opinions

  1. Goodwin v. StateIndiana Supreme Court · 1883
  2. Wiggins v. PeopleSupreme Court of the United States · 1876
  3. Atkins v. StateSupreme Court of Arkansas · 1855
  4. State v. DorisOregon Supreme Court · 1908
  5. State v. JonesSupreme Court of Iowa · 1884

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

3Cited by17 opinions

  1. Duncan v. RhombergSupreme Court of Iowa · 1931
  2. State v. ChiarelloNew Jersey Superior Court Appellate Division · 1961
  3. Gale H. Johnson v. John E. Bennett, Warden, Iowa State PenitentiaryCourt of Appeals for the Eighth Circuit · 1969
  4. State v. SaltzmanSupreme Court of Iowa · 1950
  5. Peterson v. McManusSupreme Court of Iowa · 1919

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

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