State v. Strasburg

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]

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 fromSuperior Court of King County
Court membership
Judges sittingRudkin, Chadwick, Crow, Fullerton, Gose, Morris, 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

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.
  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.
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