70 Iowa 196 | Iowa | 1886
One ground upon which the defendant bases his claim for a reversal of the judgment is that the indictment does not charge him with murder in the first degree. He relies upon the case of State v. McCormick, 27 Iowa, 402. We have examined the indictment in that case, and carefully compared it with the indictment in this, and are in great doubt whether the specific intent to kill is sufficiently charged. It is unnecessary to set out the indictment in this opinion, as we think the case may be disposed of without determining a question which is attended with so much doubt and difficulty.
II. If we understand counsel for the defendant, he concedes that the defendant is guilty of the crime of manslaughter. The facts briefly stated are as follows: The defendant is a colored man, and a laborer in a coal mine in Wapello county. It does not appear that he is married. He lived in a house near where he worked. The deceased was a colored orphan boy, about ten years old, and he had lived with the defendant some two or three years. It appears that the boy had been in the habit of running away from home, and was disobedient. The defendant stood in the relation of a parent to the boy, so far as directing his conduct and controlling his actions were involved. At times he punished him with a switch, but it does not appear that such punishment was exces
Modified AND AffieMed.