Talk about your vintage laws...

[Miss Neecerie]

being used in modern day criminal cases....

http://www.cnn.com/2007/US/05/01/dueling.death.ap/index.html

WELCH, West Virginia (AP) -- The annoying buzz of an all-terrain vehicle may have triggered a deadly shootout that led police to file a rare charge of "murder by duel," authorities said.

The count, based on a dueling law that predates West Virginia's statehood, was filed Monday against Steven Bryant Simpson, 47, said State Trooper J.S. McCarty.

Simpson is accused of killing Dana Martin, 39, in an April 20 shootout a few hundred yards (or meters) from Simpson's home.

"We've had shootout-type cases, but I can't recall one quite like this where there was an argument, then the people separated and came back to the very same location, each knowing the other had a gun," said prosecutor Sid Bell.

The law, written in 1849, reads: "If any person fight a duel in this state and in so doing inflict a mortal wound, he shall be deemed guilty of murder." West Virginia became a state in 1863.

The felony carries the same penalty as first-degree murder, up to a life sentence, McCarty said.

Witnesses saw the men argue in the road, part ways to retrieve handguns and return with weapons, Bell said. Testing determined that both weapons were fired. Martin was fatally shot in the torso.

Witnesses told police that Simpson was disturbed by the roaring sound of an ATV that Martin repeatedly drove past Simpson's house while helping a woman move.

A call to Simpson's attorney, Lacy Wright Jr., was not immediately returned.


so were they dueling? does coming back to the same place both armed constitute a duel? or intent to duel?

 

[warbird]

It seems an absurd charge. Why not simply charge him with 1st degree murder?

The law in most states was changed because more and more duels led to death. Dueling is really an ancient practice and has very specific rules of engagement.

Even though several of our early well known country men, Andrew Jackson, Calhoun, Aaron Burr and Alexander Hamilton, were involved in duels which led to death the majority of duels did not. In fact Hamilton wrote of some things to do later in the week after his duel with Burr. And Hamilton fired his shot in the air fully expecting Burr to do the same. As was often the case. But when they did result in death there was no murder charge, but as Burr found out the ostracizing which could take place was often as bad as if they had been charged and convicted.

I imagine no duel took place in this instance, certainly not a formal duel. So really it's just murder.

 

[Big Man]

It would be interesting to know how the DA plans to use a law that pre-dates statehood. I doubt that specific charge will go too far in the court system.

 

[dhermann1]

Well, West Va. was part of Virginia before separating during the Civil War, so I would assume that there would be a continuity of law from Virginia that would be valid. I mean, they must have worked out that principle quite a few years ago. I imagine the DA wants to nail the guy for first degree murder, rather than second degree, and sees this as his only, or best, means to do so. At any rate, a pathetically idiotic story.

 

[dhermann1]

Supposedly there was a law in Pennsylvania that was on the books until at least the 1970's (or maybe even 80's?) that required a man walking with a red flag to go in front of any automobile.

 

[Mike in Seattle]

There used to be a book on a lot of the old, outdated and absurd laws that were still on the books, state by state and federally, several years ago. Can't seem to find anything on it, though. I've been told a couple times there's one still on the books here outlawing lo-llipops...(hyphen because otherwise, it comes out lollipops) probably kids slipping on rain, snow or ice and strangling or getting some sort of injury. But the ones with having someone running ahead of a motor vehicle waving a lantern or flag were pretty common.

 

[Big Man]

Well, West Va. was part of Virginia before separating during the Civil War, so I would assume that there would be a continuity of law from Virginia that would be valid ...

Kentucky, Ohio, and Illinois (as well as others) were also part of Virginia at one time. Unless West Virginia adopted the law after statehood, it would not be binding and the person could not be charged.

But regardless, it is an interesting story.

 

[MrNewportCustom]

There used to be a book on a lot of the old, outdated and absurd laws that were still on the books, state by state and federally, several years ago.

I had a couple books like that. A title for one was something like, "Ludicrous Laws and Courtroom Capers." They were intended to be humorous, and didn't fail. A couple laws still on the books at the time that I remember:

In Hollywood, CA, it's legal to herd sheep along Hollywood boulevard. Providing you have fewer than 2000 head.

I don't remember where, but there was a law stating: "When two vehicles approach an intersection at the same time, neither is permitted to proceed until the other has passed."


Lee
_________________________

Blank stare

 

[Miss_Bella_Hell]

The governor of Massachusetts unearthed an old rule in order to prevent gay people who don't live in MA from getting valid marriage licenses. It's a 1913 Massachusetts law that prohibits non-residents from marrying in Massachusetts if their marriage would be void in their home state. The MA Supreme Ct ruled that same-sex couples domiciled in other states that expressly prohibit same-sex marriage cannot legally marry in Massachusetts.

Most states have DOMAs (Defense of Marriage Acts) anyway, so it doesn't matter except in NY, RI, and...I think that's the short list.