State v. Strasburg, 110 P. 1020 (Wash. 1910), was a case decided by the Washington Supreme Court that held that a statute eliminating the insanity defense was unconstitutional. The court likened the exclusion of evidence of insanity to a denial of trial by jury.[1]
| State v. Strasburg | |
|---|---|
| Court | Washington Supreme Court |
| Full case name | The State of Washington v. Martin Strasburg |
| Decided | September 10, 1910 |
| Citation | 110 P. 1020, 60 Wash. 106, 1910 Wash. LEXIS 1016 |
| Case history | |
| Appealed from | Superior Court of King County |
| Court membership | |
| Judges sitting | Rudkin, Chadwick, Crow, Fullerton, Gose, Morris, Mount, Parker |
| Case opinions | |
| Majority | Parker, joined by Crow and Mount |
| Concurrence | Rudkin, joined by Gose and Chadwick; Dunbar joined in part |
| Concur/dissent | Morris |
| Dissent | Fullerton |
| Keywords | |
| |
Martin Strasburg, described as "an unknown and penniless stranger", was convicted of assault after shooting Otto Peeck in a saloon in Seattle. Lawyers saw the Strasburg case as an opportunity to have the Washington law that forbade insanity defenses declared unconstitutional.[2] The effect of the Supreme Court declaring the law unconstitutional was said to be expected to reverse the convictions of "scores" of people.[3]
References
edit- ^ Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York: 2004, p. 623
- ^ "May Knock Out Insanity Law". Tacoma Times. Vol. 7, no. 141. UPI. June 2, 1910. p. 8. Retrieved January 8, 2016 – via Newspapers.com.
- ^ "Holds Insanity May Be Defense in Criminal Case". Oregon Daily Journal. Vol. 9, no. 163. UPI. September 12, 1910. p. 1. Retrieved January 8, 2016 – via Newspapers.com.
External links
edit- "State v. Strasburg". Pacific Reporter. 110: 1020. Retrieved January 8, 2016 – via Google Books.