Why did the court believe the husband when he was the only one to testify as to the "provoking" act as the only other person to the crime, the wife, was dead?
In the Schnopps case, why did the appellate court believe that the wife's words indicating she was having an affair or may have been unfaithful was the equivalent to her husband walking in on his wife in the arms of another lover, the classic "heat of passion" case?
What will be an ideal response?
ANSWER: Answers may vary: The court reasoned that hearing the words indicating an affair from Schnopps' wife was a similar experience to walking in on one's spouse in the arms of another. The question about the court believing Schnopps is to draw students' attention to the sufficiency of the evidence. The court really does not know what Schnopps' wife said because she's is not alive to confirm or verify Schnopps' account of the alleged "provoking behavior." On retrial, the jury received the "heat of passion" manslaughter instruction and Schnopps was, again, convicted of murder most likely because he had purchased the handgun the day before he shot his wife.
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