52 Iowa 604 | Iowa | 1879
Lead Opinion
— After the jury were sworn to try the cause, and before any evidence was offered by the State, the district attorney read to the jury the indictment, and stated the defendants plea thereto, and immediately afterward commenced to make a statement to the jury of the cause on the part of the State. The defendant objected to tlie district attorney’s making any statement, of the cause, excepting to read tho indictment and state the defendant’s plea. The court overruled the
Reversed .
Dissenting Opinion
dissenting. — I cannot concur in the conclusion reached in the foregoing opinion, nor in the reasoning upon which it is based. The opinion concedes that it would have been proper for the defendant to have made his statement
But conceding that the defendant’s counsel were taken by surprise, I think the error is too inconsiderable to require a reversal of the case. The object of a statement to the jury is to prepare their minds to receive the evidence as it is introduced. No other statement should be made except a recital of the facts which the party expects to prove. The only facts which the defendant sought to prove were these: his wife testified that she saw no hogs brought to his house at the time it was alleged the hogs were stolen; and another witness testified that the trains on the railroad did not slacken their speed at a certain point where other witnesses had sworn that a certain train was slowed up.' This, aside from some evidence which tended to impeach some of the witnesses for the State, was all the evidence introduced by the defendant. Now how the jury could have failed to properly understand and weigh this evi