94 Iowa 50 | Iowa | 1895
*53 “Sec. 4465. Upon am indictment for am offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the offense, if punishable by indictment.
“Sec. 4466. In all other cases the defendant may be found guilty of amy offense the commission of which is necessarily included in that with which he is charged in the indictment.”
IV. Appellant further insists that the verdict is not sustained by the evidence, and thiat the penallyinflicted by the court is 'excessive. We will not dismiss the evidence. It is sufficient to say that even upon the testimony of the defendant alone the verdict finds ample support. It is evident that the defendant, because of •some previous provocation, as be states1 himself, became greatly angered at the sight of Scales, and in the darkness of the night attacked him, • and, notwithstanding he received no resistance from Scales, inflicted upon him severe and painful bodily injuries. In view of the character of the assault, and of the time and manner in which it was made, the penalty of two' hundred dollars is not excessive. We find no errors in the record, and our conclusion is that the judgment of . the district .court should be affirmed.