From our private database of 35,400+ case briefs...
State v. Stewart
Supreme Court of Kansas
243 Kan. 639, 763 P.2d 572 (1988)
Peggy Stewart (defendant) shot and killed her husband, Mike Stewart, in Kansas. Peggy was charged with first-degree murder and pled not guilty, arguing that she shot Mike in self-defense. Laura, Peggy’s daughter, testified that Mike beat Peggy and that Peggy developed psychological problems as a result. Over the years, Mike also severely abused Peggy’s 12-year-old daughter, Carla. When Peggy demanded that he stop, Mike threatened to kill her. Mike’s abuse of Peggy continued as he beat her, shot one of her pets, and repeatedly held a gun to her head. Peggy ran away to Laura’s home in Oklahoma and was admitted to the hospital. While there, Peggy told a nurse that she felt as if she wanted to shoot her husband. Peggy returned home with Mike, who threatened to kill her if she ever ran away again. At home, Peggy hid a loaded gun under the mattress. Two hours after going to bed with Mike, Peggy retrieved the gun and killed Mike while he was sleeping. At the time, there were two cars in the driveway to which Peggy had access. At trial, an expert testified that Peggy suffered from battered-woman syndrome (BWS). The trial judge gave an approved jury instruction on self-defense but also added that the jury should decide whether Peggy’s beliefs were reasonable in light of her subjective impressions of the circumstances. The jury found Peggy not guilty. The state appealed.
Rule of Law
Holding and Reasoning (Lockett, J.)
Dissent (Herd, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 617,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.