Friday, November 15, 2013

Ex Parte Heigho case brief

Ex Parte Heigho case brief summary
110 P. 1029 (1910)

Petitioner prisoner applied for a writ of habeas corpus to be discharged from custody on the charge of manslaughter.

The prisoner and an accomplice went to a house to accost an individual who had been reported as making disparaging comments about the prisoner. When the prisoner arrived at the house with a pistol the mother of the other man became alarmed about the presence of the pistol. When a fight ensued between the prisoner and the other man the mother continued to express concern and eventually died as a result. The prisoner was held to answer for manslaughter. The prisoner asserted that his conduct did not break any law because a homicide required direct contact with the victim.

The court quashed the writ of habeas corpus and remanded the prisoner for trial because it determined that whether manslaughter existed when the prisoner caused the death of the victim through fright and terror was a question of fact to be determined by the jury.

The court quashed the writ of habeas corpus and remanded the prisoner to custody.

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