79 Iowa 674 | Iowa | 1890
That'this evidence is sufficient to sustain the conviction there can be no question, and the witness is to some extent corroborated by the testimony of two of his children, who were with him at the time. The objection to the question in which the defendant was pointed out to the witness is not well taken. It will be seen that the witness had before that said that “it was this gentleman, Fred. Hall.” We do not determine whether the question was improper, if the witness had not already designated the defendant as the criminal. Israel stated in his testimony that he was relieved of his money at about six o’clock in the evening. Another witness stated that he saw Israel get on the cars, and that it was “probably about six o ’clock.” There is no evidence by which the exact time can be determined. There is evidence in the record on the part of the defense which tends to show that the defendant left Oak Park and
In conclusion, we have to say that’ the fact to be determined by the jury was whether the defendant was the man who stole Israel’s money, and not whether it was stolen at exactly six o’clock; and, in our opinion, the jury were fully warranted in finding the defendant guilty. In view of the positive identification of the defendant, it was for the jury to determine, from all the evidence, whether the identification, as testified to by Israel and his children, was true or not.
Affirmed.