State v. Strasburg

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State v. Strasburg
CourtWashington Supreme Court
Full case nameThe State of Washington v. Martin Strasburg
DecidedSeptember 10, 1910 (1910-09-10)
Citation(s)110 P. 1020, 60 Wash. 106, 1910 Wash. LEXIS 1016
Case history
Appealed from of King County
Court membership
Judges sittingRudkin, Chadwick, Crow, , , , Mount, Parker
Case opinions
MajorityParker, joined by Crow and Mount
ConcurrenceRudkin, joined by Gose and Chadwick; Dunbar joined in part
Concur/dissentMorris
DissentFullerton
Keywords
  • 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[]

  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 Newspapers.com. 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 Newspapers.com. open access

External links[]

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