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Ex Parte Heigho

Idaho Supreme Court
110 P. 1029 (1910)


Facts

Upon hearing that J.W. Barton may have made disparaging remarks about him, Edgar M. Heigho (defendant) and one of Barton’s employees, Frank Miller, went to Barton’s residence and rang the doorbell. Inside the house, Barton’s mother-in-law, Sylvia Riegleman, told Barton not to open the door because Heigho had a gun. Barton opened the front door and stepped out onto the front porch. When asked by Heigho whether Barton had made the remarks about him, Barton asserted that he had not told anything that was not true or well known in the community. Heigho then punched Barton in the face. Barton responded by hitting Heigho. Barton’s wife separated the two and ordered Heigho and Miller off their property. Meanwhile, Riegleman was at the front door crying, telling Barton that Heigho was going to kill him. Riegleman fell to her feet, clutched the porch banister, and was unable to get up. Riegleman died shortly thereafter. Heigho was charged with manslaughter in causing the death of Riegleman by fright or terror. A physician conducted an autopsy of Riegleman and noted that she suffered an aneurism which ruptured, causing her death. Heigho petitioned the Idaho Supreme Court to dismiss the manslaughter charge.

Rule of Law

Issue

Holding and Reasoning (Ailshie, J.)

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