88 Iowa 99 | Iowa | 1893
With reference to the court’s adopting the mistake of the county attorney, if it was a mistake, the language of the return is as follows: “I stated, in substance, that the defendant should purge himself of contempt; and that I did not think that the statute, which prohibits the attorney from referring to the fact that the person accused did not testify, applied to this kind of a case.”' To our minds, the record, as it indicates the acts and purposes of the court, is somewhat misapprehended. The argument is upon the theory that the court sought, before there-was a finding of guilt, to' •require the defendant to “purge his contempt” in some way. We do not so understand the record. This remark by the court was made when announcing its decision, after the testimony was in, and arguments of counsel were heard, when, in its judgment, the defendant was guilty; and the correct inference. from the court’s remark is that punishment must follow, unless the contempt was purged, which expression corresponds with the language of our statute, “to show cause against the punishment.” In this respect, in our judgment, there was no illegality, but, on the other hand, a substantial observance of the requirements of law.
IV. It is further said that the judgment is “entirely without evidence to support it.77 We have carefully examined the evidence, and, while it is largely, if not entirely, circumstantial, w© think the showing quite conclusive of the guilt of the prisoner. It is sufficient