Wallace v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OE THE UNITED STATES FOR THE DISTRICT OF KANSAS. Jerry Wallace was convicted, at the May term, 1895, of the District Court of the D nited States for the District of Kansas, of the murder of Alexander Zane, on March 7, 1895, at the Wyandotte Indian reservation, and sentenced to be hanged.
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ERROR TO THE DISTRICT COURT OE THE UNITED STATES FOR THE DISTRICT OF KANSAS. Jerry Wallace was convicted, at the May term, 1895, of the District Court of the D nited States for the District of Kansas, of the murder of Alexander Zane, on March 7, 1895, at the Wyandotte Indian reservation, and sentenced to be hanged. The evidence tended to . show that Wallace had lived on that reservation, for four years, on a piece of land owned by his wife, Jane, a daughter of Alexander Zane, to whom he was married in 1891. Ill feeling had for a long time existed between Zane and Wallace, growing out of a…
1Opinion of the Court
Me. Chief Justice Fullee,
after stating the case, delivered • the opinion of the court.
If Jerry Wallace believed and had reasonable ground for the belief that he was in imminent danger of death or great bodily harm from Zane at the moment he fired, and would not have fired but for such belief, and if that belief, founded on reasonable ground, might in any view the jury could properly take of the circumstances surrounding the killing, have excused his. act or reduced the crime from murder to manslaughter, then the evidence in respect of Zane’s threats was relevant and it was.error to exclude…
2Cases cited8 opinions
- Sparf v. United StatesSupreme Court of the United States · 1895
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- Allison v. United StatesSupreme Court of the United States · 1895
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