Phoebe Judge
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Appearances Over Time
Podcast Appearances
Marvin pled guilty to larceny in the nighttime of property valued at less than $20.
He was fined $50 and given a 60-day suspended sentence.
And then he filed a lawsuit against the owners of the house he'd broken into, Ed and Bertha Briney.
Marvin Katko's lawsuit alleged that Ed and Bertha Briney had shown, quote, malice and intent to harm by rigging the shotgun, that they meant for someone to get seriously hurt.
Marvin Katko's lawyer told newspapers that he based his case on the theory that there was a big difference between protecting your life and home, where you live, and protecting property, and that you cannot use excessive force to protect property.
Andrew McClurg says the case might have been very different if Edinburgh the briny lived in the farmhouse and were there that night, but the house was vacant.
Ed and Bertha Briney's lawyer argued that the law allows for property to be defended with quote, all the force necessary.
Ed Briney said he felt like he was being quote, tormented by being robbed over and over again.
During the trial, his lawyer attempted to demonstrate how bad it feels to have your things taken by reaching into the jury box and grabbing the purse of one of the women on the jury.
The Brineys appealed the decision, and the case went to the Iowa Supreme Court.
But the court agreed with the original ruling, finding the Brineys responsible.
One paper reported that about 3,000 people had written to offer support to the Brineys.