State v. Hardie
Iowa Supreme Court
47 Iowa 647 (1878)
- Written by Kelli Lanski, JD
Facts
One day, Hardie (defendant) was varnishing furniture at his brother’s house, where Hardie also lived, and struck up a conversation with a neighbor who had stopped by to visit. The neighbor went into the backyard, and Hardie decided to frighten her with a gun as a joke. Hardie took a revolver out of a drawer, and it discharged, shooting the neighbor in the head. She died. Hardie claimed that the shooting was accidental and that he had believed the gun was harmless and not in working order. Hardie’s brother had originally found the gun in the street and had kept it in his house for several years. The gun was loaded with one bullet but would not fire when Hardie’s brother tried to shoot it, nor was Hardie’s brother able to remove the bullet. Hardie was aware of the gun because his brother had shown it to him and told him that he had been unable to fire it. The state (plaintiff) charged Hardie with manslaughter. Hardie argued that he was not criminally culpable for his neighbor’s death, claiming it was an excusable death by misadventure. A jury found Hardie guilty of manslaughter, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Rothrock, C.J.)
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