153 Iowa 7 | Iowa | 1911
The defendant stabbed one W. O. Crumpton with an ordinary knife, or a stiletto, on the 8th day of December, and the wound caused death on the 28th of the same month. At the time of the affray Crumpton was a switchman working in the railroad yards at Council Bluffs, and the defendant worked for the same company in the same yards as a track laborer. At- the time in question, the defendant wás engaged with others in taking snow and ice away from the switches and rails, and Crumpton -was engaged in switching in the same part of the yard. There was an altercation between Crumpton, the defendant, and the defendant’s cousin, which-resulted in Crumpton striking the defendant’s cousin with his fist. Immediately after the blow, Crumpton started away from the scene of the trouble, but the defendant followed him some ten or twelve feet, and attacked him with the knife. The physician who attended Crumpton was permitted to relate Crumpton’s statement of the transaction to him, made on the day of the occurrence, and only a few hours thereafter, and again
The judgment is affirmed.