193 Iowa 56 | Iowa | 1922
(1) That the evidence was insufficient to sustain the verdict of guilty.
(2) Certain erroneous rulings in the admission of evidence.
■ (3) Misconduct of the county attorney in his opening statemént and in his closing argument to the jury.
I. Was the evidence sufficient to sustain the conviction? The married life of these people had been tempestuous.' They had been married but a few years. They had been once divorced from each other, and had remarried. The remarriage was comparatively recent. On one or two occasions thereafter, the wife had fled from her home, under claim, at least, of fear. On Thursday evening, January 13th, she came- to the*home of her mother, Mrs. Percy. In the. meantime, she had lodged a complaint against her husband with the police. This, however, was informal and oral. Later in the evening, the defendant
The instructions of the court gave to the defendant the full benefit of his theory of self-defense. No complaint is made of any instruction. The jury was amply justified in finding the facts substantially as they were given by the State’s witnesses. The evidence for the State was abundant to sustain the verdict. It was not only sufficient as a matter of law, but was very persuasive as a matter of fact. There was no error in the refusal of the court to direct a verdict for the defendant.
(1) The theory advanced by the defendant that the Percys had induced the defendant to come to the home in order that they might carry out their plan to attack him with a revolver, loaded and conveniently placed for that purpose, challenged them to an explanation of why they had the revolver so ready for use. The episode of Thursday night ivas the explanation. The defendant drew this fact out on cross-examination, although it is also true that it was brought out as a part of the State’s
(2) The evidence of the circumstance was admitted in the first instance by the court upon a statement by the county attorney that he would connect the circumstance with the defendant. The court stated that it would receive the evidence, subject to its being stricken later, if the State failed to connect it. There was no error, therefore, thus far. The only evidence produced by the State to connect the defendant therewith was the threats made by the defendant that he would kill his wife if she did not return to him; the fact that she had refused on that Thursday night to confer with him at all; and the fact that the defendant had been peremptorily ordered away by Mrs. Percy, and that he had left, uttering defiance. Whether these facts sufficiently connected the defendant with the assault that night we need not determine, because no further attention was paid by the defendant to the ruling of the court, and no motion or request was made that the evidence be stricken on the ground that it had not been properly connected with the defendant.
Another ground of misconduct of the county attorney is directed at the closing argument, and at certain statements made by the county attorney concerning the evidence of Dr. Robbins, the coroner. The county attorney said:
4' “Dr. Robbins says it was a .38 caliber bullet, turned over to" Mr. Danielson, who has kept it in his possession ever since, until it was produced in court yesterday; and that will go with you to your jury room for your examination. So it is a .38-caliber bullet that ended her life..”
Defendant’s counsel objected to this statement as follows:
“Dr. Robbins didn’t say it was a .38-caliber bullet. He said he didn’t know what caliber it was. He wasn’t experienced in that line. It is a question of fact, your Honor.”
‘ ‘ The Court: The jury have heard what the doctor testified to.”
The county attorney was in error at this point in his statement of the testimony. Dr. Robbins did testify, as contended by defendant’s counsel, that he didn’t know the gauge, and was not experienced in that subject. It did appear from his testimony that he got a very imperfect view of the bullet, because it was covered with blood.
■ In the light of the whole record, however, such' mistaken statement by the county attorney was quite harmless and immaterial. The testimony is undisputed that the bullet taken from the body of Mrs. Christenson was a .38 caliber. Dr. Robbins testified that he gave the bullet to the chief of police, Danielson. Danielson produced the bullet received by him from Robbins. This was the bullet introduced in evidence. It was also admitted of record that the defendant’s revolver was a .38 and that Percy’s revolver was a .32. Clearly, therefore, the defendant suffered no prejudice here. Another statement by the county attorney pertaining to the evidence of Robbins was challenged by defendant’s counsel. The statement of the county attorney in that instance was substantially correct. If it were
We have given the record herein a very careful consideration, owing to the gravity of the charge and of the consequences to the defendant. We are convinced from the record that his trial was eminently fair, and that his guilt was fully established, within the contemplation of the law. The judgment is, accordingly, — Affirmed.