The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-31
UNIQUE CASE IN
COURTS IN IDAHO.
One That Is Peculiar in Many
Ways to Be Heard in
Weiser.
IT HAS BEEN TO SUPREME
COURT AND REMANDED
Cause Is That of Edgar NJ.
HeighO, Charged With
Manslaughter.
Special TO The Tribune.

Special to The Tribune.
WEISER, Idaho, Oct. 30.-Tbere will
probably come up here at the next term
OF the district court case which will be
unique in the practice of the law in
this state, If not in the entire country.
1t is the case of the state VS.. Edgar M.
Heigho, The defendant was former
resident of Salt Lake, Mr.. Heigho, who
had been arrested on August last, and
was held by the probate judge of this
county to answer the charge of man
slaughter. He appealed the case to the
supreme court on d writ of habeas cor
pus on the ground that he was guilty of
no crime aud that even if the woman
who fell dead through terror caused by
the defendant, still be was guilty of no
offense in the sight of the law. The
supreme court of the state decided that
such an incident was a crime and sent
the case back TO the district court for
trial. Here is the syllabus by the court:
Syllabus by the Court.
/. Under the provisions OF sec. e5s5,
rev. codes, involuntary killing OF
human being Is defined TO be THE IN
lawful killing OF human being in the
commission Of an unlwaful act. not
amounting to felony; or In the commits
sion OF a lawful act which might pro-
without due caution o. circumstances"
2. Under the statutes of this stale,
6o65. rev. codes, an unlawful killing.
though unintentional aud involuntary, Ii
the commission of an unlawful act, is
manslaughter. and the statute does not
circumscribc the means OF agencies caus-
ing the death. This statute covers and
md ltt1np
by OF through which a death Is caused
by one engaged In an unlawful act.
8. Under the statute of this state, sec.
$3.50, rev. codes, prosecution for
death OF n human heing has been caused
or accomplished through fright. fear.
terror or nervous shock produced by tho
accused while In the commission of all
unlawful act, even though the accused
made no hostile demonstra ton and d.
rected NO overt act at the person OF the
deceased. 1t would seem that In some
instances force or violence may be ap
piled TO the mind or nervous system as
effectualiy as to the body.
Original application for writ of habeas
corpus. Writ issued and hearing had on
returns thereto. Writ quashed and pris
oncr remandcd to the custody OF the Of
fIcer.
Brief Opinion by Court.
Petitioner was held by the probate
the charge of manslaughter and has ap-
piled to this court for his discharge on
the ground that the facts of the case
do not disclose tho commission of n pub
lie crime
On the fourth day of August. 1910. AT
Welser Edgar M Hegho, hearing that
j. w. Barton had made remarks de-
rogntory TO petitioners character. called
Frank Miller and requested him to ac-
company petitioner To the residence OF
Barton. Barton and Miller went to Bar
tons residence, ---- Barton re-
sponded TO the call, and Mrs. Rieglnman
who was near him, exclaimed. "Oh he
has gum" HelSho asked Barton some
questions, and Ba rton answering that he
had not told anything that was not COM
him in the face with his first aud Barton
fell Barton did not rise for few Sec
onds and his wife came and assisted him.
;,, Barton aGYhnGs 5 Sou, Sn heigho and struck
was at this time AT tho door, Barton
and wife Immediately mounted tho porch
whore Mrs. Rlegleman was on her knees,
apparently unable to rise, She began
splitting n bloody froth. and died inside
of thirty minutes OF the appearance OF
HeiGho. Tho physician made a post
mortem examination and testified that
she had an ancurism Of the ascending
aorta and this had ruptured into the
yeua rava and caused her dcath. ITcigho
was hereafter arrested.
We nre now asked to determine Whoth-
Ell under the statute of this state per-
son can be hold for mnnslaushter where
death was caused by fright, and where
the prisoner made no assault upon the
deceased
The statute has tho effect OF raising
the grade of the nffeuse in which the
party is engaged to the rank OF man
slaughter whero IL results in the death
of human being.
We express no opinion whatever and
refrain from any comment on tho evi-
douce in this oase, That is Il matter to
be passed on by Jury.
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