State v. Hartzler

433 P.2d 231 (1967)

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Nature of the Case

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Facts

D was the teacher and spiritual leader of the religious Bible study group which included Mr. and Mrs. Ulmer. Jerri Ellen Ulmer, age 19, died of natural causes at the home of D, age 61, in the presence of D and James Ulmer, age 21, husband of Jerri Ellen Ulmer, and without the attendance of a licensed physician. D. The body was kept wrapped in a blanket and plastic sheet within the dwelling with the knowledge of Ulmer, D, and six Bible study group members for eight days. Ulmer started to dig a grave but Ulmer and the others eventually believed that God did not want the body buried. Mrs. Ulmer was carried to a screened door shed where said body was kept for an additional twenty-two days. The Bible study group believed that Mrs. Ulmer would return to life by an act of God and God would need her body for reincarnation. On four occasions when police inquired of D as to her whereabouts, D lied to the police. D was charged with the common law misdemeanor of 'indecent handling of a dead body.' D guilty, but appealed to the district court, wherein he entered a plea of not guilty. The district court found him guilty. D appealed.