155 Iowa 660 | Iowa | 1912
The defendant was . charged with the' felonious killing of Mattias Lang on September 3, 19H). The alleged killing occurred in a momentary quarrel and fight, participated in by three or four young men upon a street corner in the city of Tipton. Many of the important •facts are undisputed. The young men involved ranged in age from seventeen to twenty-four years; the latter being the age of the defendant. Lang was nineteen years of age. The defendant had engaged in a fight of his own seeking with one Meyers, a boy of seventeen years. The defendant had a. companion, Borrought, and Meyers had a companion, Wertz, both of whom became involved to a greater or less degree in the scuffle. Lang thereupon came upon the scene and participated to some extent either in the fight, or in some attempt to separate the fighters. It is the contention of
If there were any room to ascribe some other cause for the death of Lang, or if there were room for any debate or doubt as to the cause of his death, a different question would be presented. The record before us, however, is similar in that respect to the following cases, where it was held unnecessary to instruct the jury as to any lower offense than manslaughter: State v. Froelick, 70 Iowa, 213; State
The judgment of conviction must be affirmed.