84 Iowa 209 | Iowa | 1892
I. It is conceded that the defendant shot and killed Samuel Hamilton at about twelve
III. It appears from tbe evidence that, immediately after shooting Hamilton, tbe defendant pointed bis
IV. It is also claimed that tbe court erred in permitting tbe state to prove what tbe defendant stated,
V. Another objection is that one of tbe witnesses was permitted to state that tbe bouse in “Tbe
VI. Other objections are made to certain rulings on the admission and exclusion of evidence. One of'
Lastly, it is urged that the court erred in the fifteenth, sixteenth, seventeenth, and eighteenth paragraphs of the charge to the jury. The ground of' objection is that the court made the defendant’s right of self-defense depend upon how the situation surrounding the parties appeared to Hamilton, the deceased, and that, if Hamilton used no more force than appeared to him to be necessary, then the-defendant was not excused for defending himself. We* have not thought it necessary to set out these instructions at length in this opinion. The charge to the jury-is quite voluminous, and, when considered together, it-is not vulnerable to any valid objection. It correctly defines the rights of the parties upon the question of' self-defense. It must be remembered that the deceased was a peace officer, whose duty it was to preserve public
Upon an examination of the whole record, we are satisfied that there was no error in any ruling made by the court during the trial, and that the judgment is just, and should be aeeirmed.