100 Iowa 7 | Iowa | 1896
III. Complaint is made of the conduct of counsel for the state during the progress of the trial. We do not discover any such misconduct as could have worked any prejudice to the defendant.
YI. It is urged, that the evidence did not warrant the conviction of the defendant. In view of a re-trial, it is not proper for us to now discuss the weight and sufficiency of the evidence.
YII. Complaint is made of the action of the court in giving and in refusing to give instructions. We have carefully examined the instructions refused, as well as those given, and discover no error in the court’s action. In so far as the instructions asked were correct, they were embodied in the charge of the court.
YTTT. It appears, that certain' papers which the jury should not have had, unless by consent of parties, were sent to the jury room. It is said, that they were improperly sent to the jury. As this case is to be re-tried, and counsel will, doubtless, see to it that improper papers do not go to the jury on the re-trial, we need give the matter no further consideration.