State v. Hardie

47 Iowa 647 (1878)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Hardie (D) took a gun that he believed to be harmless and shot Mrs. Sutton. D believed it was harmless because it failed to fire on several other occasions over several months. D did not know that a round of ammunition was in the chamber. The jury was instructed that if D used a deadly weapon in a reckless manner, that act was sufficient to convict D of manslaughter. This would be true even if D believed in good faith that the deadly weapon was harmless. D was convicted of manslaughter. D appealed; if he had reason to believe, and did believe, the gun to be harmless, he should be acquitted.