66 Iowa 318 | Iowa | 1885
It is provided in section 4302 of the Code that “ when an offense involves the commission of or an attempt to commit an injury to the person or property, and is described in other respects with sufficient certainty to identify the act, an erroneous allegation as to the name* of the person injured, or attempted to be injured, is not material.” This provision of the statute would of itself seem to be sufficient to authorize the overruling of the motion in arrest of judgment upon this ground. There is no showing that the defendant was in any way misled by the misnomer. On the contrary, the record shows quite conclusively that the defendant was not in any way prejudiced by this mistake in the indictment. The-facts' are that he shot at Jesse Cannon'with a revolver, and wounded him in the arm and back, was arrested, confined in jail, and had a preliminary examination; and it does not appear that he shot any other person at or about the time charged in the indictment. That such a variance is imma
III. It appears from the evidence that for some time before the commission of the alleged offense there had been ill-feeling between the defendant and Cannon. There was evidence to the effect that Cannon had made threats to injure the defendant;- The defendant claimed upon the trial that in shooting Cannon he acted in self-defense. A number of objections were made to the rulings of the court in excluding certain evidence. It is claimed that the court erred in making these rulings. We have carefully examined these objections, and our conclusion is that they are not well taken. The rulings are plainly correct, either upon the ground that the evidence sought to be elicited was not cross-examination, or because it was immaterial.
Y. Lastly, it is claimed that the verdict is contrary to the evidence. We have examined the abstract carefully, and conclude that there can be no reversal of the judgment on this ground. We think it fairly appears that the defendant used a deadly weapon without any real or apparent excuse therefor, and we think it ought to be a matter of congratulation to him that his act was not attended with a fatal result.
Affirmed.