103 Iowa 168 | Iowa | 1897
Complaint is made of the nineteenth instruction, which is as follows: “(19) There is some evidence tending to show that the defendant, at the time- of the commission of the alleged crime, was to some extent under the influence of intoxicating liquors. If, from the evidence, you find that the defendant was to any extent under the influence of intoxicating liquor, you are instructed that unless the intoxication of the defendant was, at the time of the commission of the act, so* great- as to deprive him of the power to deliberate and form a guilty intent, it is no excuse or palliation for the act. This question of intoxication can. only be considered by you in determining whether or not the defendant is guilty of murder. It cannot affect the question of his- being guilty of the crime of manslaughter, and it is entirely immaterial whether or not the deceased furnished the liquor drank by defendant.”. Oomplaint is first made as. to the words, “There is some -evidence tending to show that the -defendant, at the time of the commission of the alleged crime,