State v. Strasburg

State v. Strasburg
Court Washington Supreme Court
Full case name The State of Washington v. Martin Strasburg
Decided September 10, 1910 (1910-09-10)
Citation(s) 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
  • Insanity defense
  • Right to jury trial
  • Due process
  • Legislation

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]

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 ]

  1. ^ Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York: 2004, p. 623
  2. ^ "May Knock Out Insanity Law". Tacoma Times. 7 (141). UPI. June 2, 1910. p. 8. Retrieved 8 January 2016 – via open access
  3. ^ "Holds Insanity May Be Defense in Criminal Case". Oregon Daily Journal. 9 (163). UPI. September 12, 1910. p. 1. Retrieved 8 January 2016 – via open access

External links [ edit ]

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