122 Iowa 174 | Iowa | 1904
There appears to have been a disturbance at a dance in the village of Buxton at about eleven o’clock p. m. May 23, 3902. The defendant left, and shortly afterwards was approached by the constable, who, not being certain of his identity, inquired, “Is that you, Plum?” To this defendant answered, “Yes; do you want me?” and, receiving an affirmative response, replied, “You can’t get me. Goon. Goon.” He drew a revolver at the same time and, as the constable retreated shot him in the arm. The defendant introduced evidence tending to show that after the disturbance at the dance the people dispersed and that defendant acted upon the
I. One Williams testified that before the shooting he saw a crowd of men moving rapidly from the dancing platform toward the company store near which tbe shoot-
II. One Rhodes testified that “a gang of'fellows were coming right up behind me. I heard Tolliver want to know where defendant was.” He then asked: “Did
Another witness was asked to “tell the jury just what the manner and temper of the crowd seemed to be.” The
IY. .Complaint is made of the sixteenth instruction because, as is contended, it assumed that defendant shot at Eeasby. The record is conclusive that he so did. True,
For the errors pointed out, the judgment is reversed, and the cause remanded for another trial. — Revessed.