Commonwealth v. Kon

402 A.2d 692 (1979)

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Nature of the Case

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Facts

Decedent, David Konz was a professor and student counselor and chaplain at United Wesleyan College. Mr. Konz was a diabetic and has administered insulin to himself on a daily basis for 17 years. Mr. Konz then decided that God would heal him and that he would no longer take the insulin and he made a pact with a friend of his, Erikson (D), to help him keep off the insulin. On March 22, 1974, four days after stopping the insulin treatment, Mr. Konz became ill and asked for insulin. Dorothy Konz (D) had removed the insulin from their refrigerator and hid it. Mr. Konz had harsh words with Ds and was forced back to the bedroom. He tried to phone the police but was prevented by Ds. Mr. Konz then told others in the house that things had been settled and that everything was fine and he was not going to take insulin again. Mr. Konz left the house and with D and returned an hour later. Mr. Konz even drove his wife to a hospital and was observed to be ok and made no mention of his need for insulin. Upon his return, Mr. Konz became increasingly ill, vomiting frequently and he became bedridden. His condition became worse on Saturday and Sunday. Instead of seeking out medical help, Dorothy (D) decided to treat her husband with ice chips and to keep him isolated and at home. On the following day, Mr. Konz died at 6:00 a.m. Dorothy (D) did not report the death until 5:00 p.m. that day. It was determined that Mr. Konz died of ketoacidosis, which was a direct result of the lack of insulin treatment.