STATE v. McNAMARA

No. 49858.

104 N.W.2d 568 (1960)

STATE of Iowa, Appellee, v. Darlene McNAMARA, Appellant.

Supreme Court of Iowa.

Rehearing Denied October 21, 1960.


Attorney(s) appearing for the Case

Pruss & Flores, Cedar Rapids and Moyer & Allen, Marion, for appellant.

Norman A. Erbe, Atty. Gen., and Marion Neely, Asst. Atty. Gen., and Richard F. Nazette, Linn County Atty., and Keith E. Stapleton, Asst. Linn County Atty., Cedar Rapids, for appellee.


GARRETT, Justice.

The defendant was convicted of the crime of murder in the second degree. She admitted that on January 10, 1959 she shot her common-law husband, Edward Francis McNamara at their home near Central City, Iowa with a .22 caliber rifle thus causing his instantaneous death. She alleged she acted in justifiable self defense.

I. The defendant claims that when she fired the fatal shot she was actuated by fear her husband was about to do her great...

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