185 Iowa 73 | Iowa | 1918
Lead Opinion
The indictment charges the defendant with the crime of murder. The claim of the State is that, on the evening of the 27th day of April, 1917, she killed one Mc-Nulty, in an alley in Sioux City, by stabbing him with a knife. The evidence offered upon the trial tended to show that, on the evening of the alleged killing of McNulty, and shortly prior thereto, the defendant went to the home of his mother, to see deceased, where a controversy arose between them over a letter, which defendant claimed he had received from another woman. Defendant left the home' of deceased’s mother in a fit of anger, and was shortly thereafter followed by deceased. Later in the evening, McNulty was found dead in an alley, and between eight and nine o’clock, defendant returned to the home of his mother, very much excited, and told her that McNulty was hurt. She was shortly thereafter arrested, and taken into custody by the police, and later, it is claimed, admitted that she stabbed
Her husband was called as a witness, and examined in her behalf. He testified in chief that he resided with his wife at 1601 East Fifth Street in Sioux City; that he and defendant were married on March 4, 1909, and had continuously resided together as husband and wife since their marriage. He also testified that he was an invalid, and that, on the evening in question, defendant had, at his request, gone to the store to get him some oranges; that she
The county attorney, upon cross-examination, elicited from the witness the statement that his wife had always been devoted to him, and that they had lived happily together : whereupon he was asked if he remembered filing a petition for divorce, in November, 1914, in which it was alleged that his wife had been cruel to him; that they were living separate and apart; that she had committed acts of prostitution, and was an habitual drunkard. Portions of the divorce petition were read to the witness, and he. was asked whether he remembered them, and as to the truth thereof. The witness denied the truth of much of the matters alleged'in the petition, or that he had consciously made these statements. Timely objection was made to all of the questions propounded to the witness; and it is now urged by counsel for appellant that the court erroneously permitted the county attorney to pursue this line of cross-examination, and that all of the testimony as to the divorce proceedings, and particularly the allegations of the petition, was extremely prejudicial.' It must be confessed that this evidence strongly reflected upon the moral character of the defendant, and her credibility as a witness. The obvious purpose of counsel in examining this witness concerning his marital relations was, so far as possible, to overcome the unfavorable effect of the testimony of several of the State’s witnesses, tending to show an improper attachment between the defendant and deceased; that, instead of defendant’s being infatuated with him, she was a faithful and devoted wife; and that she and the witness had continuously resided
The contention of counsel for defendant is that the e\ idence in question was of a character inherently and necessarily prejudicial to the defendant, and that the attempted withdrarval thereof from the consideration of the jury was ineffectual to cure the error in its admission. While tf.e evidence was important, and related to a vital issue in the case, it was not of a character to arouse the prejudice of the jury; and we see no reason why its withdrawal, under the careful admonition and caution of the court, should not have been effectual to cure the error*, if any, in its admission. State v. Walker, 133 Iowa 489.
The record comes before us iu the form of a typewritten transcript, and we have examined the same carefully. Many instructions were requested by the defendant, and exceptions taken to the charge of the court; but we find no error in refusing the requested instructions, and the charge of the court is full, clear, and eminently fair. It is quite apparent that defendant was accorded a fair and impartial trial, and the verdict of the jury is fully warranted by the evidence. As we find no error, the judgment of the court below must be, and is, — Affirmed.
Dissenting Opinion
(dissenting). The cross-examination of the defendant upon matters in no manner referred to on her direct examination exhibits wanton and utter disregard of the statute which provides that the cross-examination of an accused person testifying in his own behalf “shall be strictly confined to the matters testified to in the examination in chief.” Code, Section 5485. The cross-examination of defendant’s husband was, if possible, even less justifiable, and should have been rigidly excluded. The course pursued in these matters was a manifest (and apparently quite successful) effort to drag in irrelevant and collateral matter, not because it had any tendency to establish defendant’s guilt, but to prejudice her and her witnesses in the minds of the jurors. The State should not lend itself to this kind of unfair practice, and convictions so obtained should not be upheld. State v. Thompson, 127 Iowa 440, 442; People v. Gotshall, 123 Mich. 474 ( 82 N. W. 274) ; People v. Crapo, 76 N. Y. 288, 292; Buel v. State, 104 Wis. 132 (80 N. W. 78) ; Allen v. United States, 52 C. C. A. 597; People v. Rod
Tn my judgment, the judgment below should be reversed.