44 Iowa 65 | Iowa | 1876
The court instructed the jury as to certain evidence that might be taken into consideration, for the purpose of determining the intent of the defendant in drawing the revolver, and then proceeded to say: “For the purpose of more clearly showing the intent of the defendant herein, evidence has béen admitted purporting to give his declaration as to what he would do under certain circumstances, in connection with a
In so instructing the jury the court erred. The fact that, in a certain contingency, the defendant intended to attack the barkeeper and thereby commit a felony, had no tendency to prove the intent with which he made the assault on Ryan. There was no connection whatever between the conversation and the assault, except the single fact that the assault was made at the place referred to in the conversation.
The judgment of the District Court is therefore
Reversed.