97 Iowa 407 | Iowa | 1896
The indictment charges that the robbery alleged, was committed on the ninth day of November, 1894, by striking and putting in fear one Arnold Treuthardt, and by stealing from his person and carrying away a gold watch and chain of the value of twenty dollars. Treuthardt testified that in the evening of the day specified, he was hit upon the back of his head by a person unknown to him, and that a watch and between six and eight dollars in money were taken from him. No one saw the robbery, and the evidence upon which the defendant was convicted was circumstantial. The watch was in his possession on the morning next following the robbery, and a few days later he transferred it to one Kennedy. He told different and conflicting stories in regard to the ownership of the watch and the source from which he obtained it. He claimed on the trial that he received it from Harry Marsh, the morning of November 10, and there is evidence which tends to corroborate this claim, although it was denied by Marsh.
IY. It is said that the verdict was contrary to the evidence. We have read the evidence with care, and conclude that it was sufficient to authorize the verdict. Certainly we should not be authorized to disturb the verdict for lack of evidence. Portions of the charge to which we have not specifically referred, are criticised. It is undoubtedly true that the charge is not in all respects accurate, but, when considered as an entirety, and applied to the facts in this case, it is without error that could have been prejudicial to the defendant.