What Is The Law?
This column is prepared as a public service by Ihe
College of Law. Willamette University, Salem, to
explain basic legal principles, not to provide legal
advice. The reader is cautioned not lo apply these cases
lo his own problems without an attorney's advice, for
differing facts may change the outcome.
Editor's note: Because of the
timliness of the Cheryl Crane
case, the Willamette University
law school decided to do a
special interpretative column
this week. The article attempts
to explain "justifiable homicide."
"Justifiable Homicide"
Explained in Turner Case
The "justifiable homicide"
verdict of the coroner's jury
at the inquest in Los Angeles
in regard to the killing of
Johnny Stompanato by Lana
Turner's daughter, 14-year-old
. Cheryl Crane, leads many of
our readers to ask, "To what
extent may such a killing be
justifiable homicide?"
According to the transcript
of testimony taken at the in
quest, Cheryl had been told
of the past threats and vio
lence of Stompanato. She was
present at the beginning of
the quarrel the day of the
homicide and, when Lana re
treated to her bedroom, fol
lowed by Stompanato, Cheryl
also followed. What happened
there apparently led Charyl
to believe her mother was in
danger of grievous bodily j
harm or death.
Cheryl . was told to go to
her room and Lana Turner
closed the bedroom door in
an attempt to shield the
daughter from the quarrel.
Cheryl got a kitchen knife,
returned, and was outside the
bedroom door when the moth
er ordered Stompanato to
leave and then opened the
door. Then Cheryl stabbed
him in the abdomen. He fell
and died within minutes.
Common Law Explained
It has long been the com
mon law that a person may
justifiably kill an assailant to
save his own life or to pro
tect himself from serious
physical injury. Gradually
this rule has been broadened.
First it was extended so that
one might justifiably kill to
protect a relative from death
or from grievous physical
harm.
Then this protection by the
law was extended further to
apply to those who kill to pro
tect anyone for whom he is
responsible, or to apply to
one who finds it necessary to
kill in acting to preserve the
peace, to prevent crimes or
to make an arrest particu
larly when it is his official
duty to act under these cir
cumstances. Regardless of what the ac
tual facts may be concerning
the danger, reasonable moti
vation is determined by what
the facts appear to be to the
killer. Hence the emphasis, in
deciding this type of case,
should be upon the know
ledge and thoughts of the one
who commits the homicide.
Whether the actual danger
existed is not essential to
know as long as Stompanato
gave cause for fear of vio
lence. From Cheryl's Viewpoint
Let us consider the case
from Cheryl's viewpoint.
After she was told by her
mother about Stompanato's
former threats and that Lana
Optometrist Talk
Set On Reading
Dr. Steve Dipple, Grants
Pass optometrist, will be one
of the featured speakers at
the April meeting of the
Southern Oregon Optometric
Society at 6:45 p.m., today at
the Elks club in Ashland.
Dr. Dipple will present a
clinical analysis of the visual
aspects of retarded readers.
Appearing on the same pro
gram also will be Dr. William .
J. Tnompson, Medford, with
a report on the optometric
extension program for post
graduate education Qf prac
ticing optometrists.
Hosts will be Dr. Glenn
Revel, Ashland, Dr. T. Win
ston Smith, Grants Pass, is
in charge of arrangements.
Wives of members of the
society have been invited to
the dinner meeting to discuss
the re-activation of the auxil
iary section.
was afraid of him, Cheryl
naturally would believe he
was dangerous. As Cheryl
stood in the doorway to the
bedroom, before she was told
to go to her room, she heard
Stompanato threaten not only
her mother, but herself and
grandmother.
When she returned with
a knife, although the door to
ner motner s Dearoom was
closed, she could hear enough
to know the situation had
not changed. It is possible that
it might not have been the
words she heard then as
much as the desperate tone of
her mother's voice that fright
ened Cheryl into final action.
She knew that her mother
did not have the comparative
physical strength to win in
combat with StomDanato.
She Could Have Believed
Therefore, we see that
Cheryl could have believed
that it was necessary to act
quickly to protect her mother
and perhaps herself from
death or grievous physical
harm. At least this is the view
the coroner's jury seemed to
take at the inquest. Although
the findings made at the in
quest are hot final, it is not
probable that Cheryl will
have to stand trial for this
homicide.
There is a report now that
an effort may be made to
take Cheryl from her mother
and make her a ward of the
juvenile court. Of course, the
wardship is under the juris
diction of the juvenile court.
"Justifiable homicide," where
it is proved that she acted
within her lawful rights, is
not in itself cause for change
of wardship. There would
have to be other reasons for
such change, apart from the
homicide, although the emo
tional tensions resulting from
the incident may be ' consid
ered in determining the wardship-
53 rd Yea?
M
EDFORD
Price 10 Cents
Tribune
2nd SECTION
MEDFORD, OREGON, THURSDAY, APRIL 17, 1958
Pages 1-12
3-
If
TO BE FREED? Ezra
Pound, America's most con
troversial poet, and an ac
cused traitor, may soon be
released from the mental
hospital in Washington,
D. C, that has been his
prison for the past 12 years,
it has been disclosed.
Cosmic Uay Study One off
Chieff Satellite Functions
The Family Council
Editor's note: The Family Council consists of a Judge, a psychiatrist,
three clergymen, a newspaper editor, a women's editor and two writers
Each article is a summary ot an actual report. The Family Council does
not give advice; it merely reports on problems that have been dealt
with by responsible agencies and counselors.
Raymond F. She says she's
my fiancee.
'Flora
ring.
M.
I have the
Editor's note: Much of the re
search being conducted through in
struments aDoard the United States
satellites deals with cosmic rays.
Dr. James Van Allen of the Uni
versity of Iowa, who heads up the
scientists lir charge of the research,
was asked to explain why so much
expense and time is being spent
studying cosmic rays. This is his
explanation.
By Dr. JAMES VAN ALLEN
Written for United Press
Iowa City (IPI Like early
experimenters in other fields,
the upper air and space the
scientists don't know . now
what 'practical applications
their findings will have.
Such predicting would be
something like Benjamin
Franklin offering the world
the telegraph and telephone
immediately after his explor
ations of lightning.
Michael Faraday, British
pioneer in the physics of elec
tricity, had an answer for a
member of Parliament who
came to his laboratory to
find out what was "practical"
about his work. .
Jayne Mansfield Wins Court Ruling
Hollywood (IP) Blonde
Jayne Mansfield had cburt
permission today to. take her
7 -year -old daughter, Jayne
Marie, with her this summer
when she goes to Europe to
make' the film, "The Sheriff
of Fractured Jaw."
Superior Judge Elmer D.
Doyle approved the trip after
Miss Mansfield, wife of for
mer Mr. Universe," Mickey
Hargitay, assured him Jayne
Marie would have a governess
and tutor for the trip
"It's always in a child's
best interest for her to be
with her mother," the glamor
ous actress said in presenting
her case.
She assured Judge Doyle
that Hargitay would be along
to help the girl with her les
sons. Miss Mansfield's request to
take Jayne Marie to Europe
was opposed by her former
husband, Paul.. J. Mansfield,
who wanted to keep the little
girl with him while the ac
tress was away.
Salem (IP) The Legisla
time Interim Education Com
mittee will meet in Eugene
April 25-26 on the University
of Oregon campus.
"I can't tell you what it
will be good for," Faraday
said. "But I'll tell you this.
One. of these days .you'll be
taxing it."
In 1831, Faraday discover
ed how to generate electricity
by rotating a coil of wire
within the field of a magnet.
His discovery became "prac
tical" 40 years later with the
development of the arc-light
dynamo, and machines to con
vert mechanical energy into
electrical energy became ma
jor investments of taxable en
terprises. It wasn't long ago' that
many people wondered why
physicists were spending, so
much time and energy try
ing to split up those tiny at
oms, things too small even to
be seen in a microscope. Now,
of course, atom-splitting is
one of our major businesses,
for peace as well as for war.
In lis Infancy
Cosmic ray and other up
per atmospheric and space re
search is now in its infancy,
like electro-magnetism in
Faraday's days of the 1830s
and nuclear physics in the
1930s. We are now "crash
programming" our efforts to
grow in knowledge through
several International Geo
physical Year projects, using
balloons, rockets and the Ex
plorer satellites.
Cosmic rays possess enor
mous energy. They speed to
ward the earth with more
zip than man has been able to
generate in his most power
ful cyclotron.
Cosmic rays, spawned both
in the sun and in interstellar
space, are ' natural "atom
smashers," shattering both
themselves and atoms of nit
rogen and oxygen when they
crash into the earth's atmos
phere. Because of their energy,
cosmic rays have already
taught physical scientists
things which they could have
learned in no other way.
Some atomic particles, me
sons, for instance, first identi
fied about 20 years ago, were
discovered when cosmic rays
blasted them out of atmos
pheric atoms.
Cosmic rays at full strength
can pierce several feet of lead
or a hundred feet of water.
But their energy is largely
dissipated when they hit the
atmosphere.
Satellites Serve Purpose
Therefore, we must send
our detecting and measuring
instruments up high enough
to meet them before they are
broken down from primary
into secondary rays. Rocket
flights are useful for quick
vertical studies of these
particles, but satellites pro
vide a broad sweep of infor
mation over a long period of
time.
Outer space is a vast area
of human ignorance. The his
tory of the world proves
ample evidence that attacking
ignorance is fruitful. For
once you start dispelling ig
norance, you start finding
things that are useful.
Today we are on the track
of cosmic rays. What we find
out about this puzzling "rain"
of invisible radiation should
pave the way to further know
ledge of what comes out of
space to affect the earth's
atmosphere and even life
itself on our home planet.
Raymond F. Boy, am I
in hot water! I just don't
see my way out of this one.
I was going with a girl
back home and we were ro
mancing around. She talked
about marriage, but I never
really asked her. Well, fi
nally I got into the Army
and was I glad! I figured that
once I got away this girl
would find someone else.
Well, she kept sending me
letters telling me how much
she loved me and all that
sort of thing and I never
answered them. Finally, she
came down here to stay near
the base where I am stationed.
She introduced herself as my
fiancee. I didn't have a chance
to say anything. Whenever
I get time off, she's right
there, waiting for me. She
keeps talking about our com
ing marriage and I just don't
see myself getting married
yet.
Flora M. Raymond sure
has one big fat . case of am
nesia. He certainly did ask
me to marry him not just
onoe either, but dozens of
times! My parents even ob
jected to his hanging around
so much and taking up so
much of my time.
The trouble must be that
he always had a few too
many beers when he asked me
to marry him. He also had a
few too many when he gave
me a ring not an expensive
one, it's true, but he said it
was the best he could afford
and it would have to do for
the time being.
My parents were against my
running after Raymond, but
I feel sure that he is the
one for me. At times he has
admitted that he would really
like to marry me, but gets
cold feet when he thinks about
it. I'm sure we could be
happy together if he would
just get over those silly fears.
The Council Well, some
body sure has the wires
twisted!
We suspect, however, that
there is a good deal of truth
in both statements. Raymond
likes Flora and thinks of mar
riage when beer helps him
get over some of his fears.
Then he forgets what he has
said and is amazed at the
long, loving letters that reach
him.
We take a rather dim view
of the prospects of a marriage
in which a girl has to take the
initiative to such an extent,
but if she is determined, we
suggest that Flora encourage
Raymond to talk over the
problem with his chaplain
and the doctor on his base.
In the future, we'd advise
Flora to ignore proposals and
ring presentations made
under the influence of liquor.
(Copyright 1958, General
Features Corp.)
The Pentagon building has
a cubic volume of 90,746,000
feet and occupies a square
mile of land. It is said to con
tain about 16V2 miles of halls
and corridors.
The Health News Institute
reports that modern drugs and
improved sanitation and bet
ter medical care have added .
23 years to the American life
span since the urn of the cen
tury. Our life expectancy now
stands at nearly 70 years.
In the crater of Mt. Ruapehu,
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Counteract Gloom
s
Oregon City (IP) The two
largest industries here today
released employment reports
of a sort designed to counter
act gloom in some other
areas.
Both Crown Zellerbach and
Publishers' Paper Company
said their mills were operat
ing three shifts a day, seven
days a week and Crown Zel
lerbach said it had recently
hired 10 men to bring its
crews to full strength. Crown
has nine paper machines go
ing and Publishers operates
four machines, all with full
crews and on full time.
Both plants said layoffs last
fall and winter due td ma
chine repairs were infrequent.
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