Burger v. State

Hall, Justice.

Burger surprised his wife in a compromising setting with another man, and shot them both to death on the spot. The state’s evidence indicated he had been following her and spying upon her for some time, in the belief that if he found her with another man he would be privileged to do them harm. He has now been convicted of both murders, and brings this appeal.

1. The most significant issue before us is his claim that when a man discovers his wife in an adulterous act or overtures thereto, he is justified in killing both his wife and the lover, or alternatively that such killings…