State v. Rupp
Iowa Supreme Court
282 N.W.2d 125 (1979)
- Written by Sarah Holley, JD
Facts
Curtis Sederburg and Bud Wolf were arguing outside a tavern over a $10 bet when Jerry Rupp (defendant) became involved in the dispute. The argument became more and more heated, and Sederburg started toward Rupp, who produced a .38-caliber revolver. Rupp fired a warning shot in the air, but Sederburg, undeterred, continued towards Rupp, who then shot Sederburg in the arm. Rupp was arrested and charged with assault with intent to commit murder. During trial, Rupp admitted to shooting Sederburg but claimed his action was justified (i.e., self-defense) because he was in reasonable fear that Sederburg intended to cause him serious harm. In support of his claim, Rupp testified at great length to the bad blood between him and Sederburg; the number of prior assaults by Sederburg, some of which resulted in serious injuries; and Sederburg’s threats to kill him. Rupp insisted he was justified in shooting Sederburg without first taking an alternative course of action, but the trial court refused to include this element in its instructions. Rupp was convicted and appealed.
Rule of Law
Issue
Holding and Reasoning (LeGrand, J.)
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