97 Iowa 378 | Iowa | 1896
the reputation of the deceased as a peaceable citizen was good. All this evidence was introduced over the defendant’s objection, and the ruling of the court in permitting its introduction is claimed to he erroneous. If this were all that pertains to this question, the judgment of the court should be promptly reversed; The overruling of the objection to the evidence was a palpable violation of one of the fundamental rules of evidence, which is now everywhere recognized and enforced, and to which there are no exceptions iu trials for criminal homicide. 3 Greenl. Ev., sections 25-27. At the close of the introduction of this evidence, counsel for the defendant moved to exclude it, and the motion was overruled. But immediately after the introduction of all the evidence in the case, the following order was made: “Gentlemen of the jury: Eef erring to the evidence offered by the state, tending to prove the reputation of the deceased for good order, and of the defendant for being disorderly, the same is withdrawn from your consideration, and you will withhold applying the evidence in any way, as far as possible; and the motion of the defendant to strike same out is sustained.” And in the general charge to the jury, the following instruction was given: “Any and all evidence introduced by the state, tending to prove that the reputation of Walter Clark for good, order and peaceableness, prior to the homicide, was good, and also all evidence tending to prove that the reputation of the defendant for peaceableness and good order, was bad before the homicide, is withdrawn, and you.will disregard it, as having no weight whatever.” It is strenuously contended in behalf of the defendant, that the
YII. It is contended, with great earnestness, that the verdict is not supported by the evidence. And in the printed argument and in the oral arguments on the submission of the appeal, this question was fully discussed. We have given this feature of the case the most careful and exhaustive consideration. We have read and studied the evidence in connection with a plat of the road and surroundings, where the conflict' took place, and our conclusion is, that we ought not to disturb the judgment of the district court. It is to be conceded that there is a decided conflict in the evidence as to whether the defendant was the attacking party. But two juries have concurred in finding that his act in taking the life of Walter Clark, was murder in the second degree. We will not review the evidence, but deem it not improper to say that we doubt if any jury would ever find that the testimony of the defendant, or any other facts in the case, sufficiently account for his presence at the roadside where the encounter occurred, and at the time the deceased and his brother passed along on the way to their home.
YIII. A number of objections are urged against the correctness of the instructions given by the court to the jury. We do not think they require special consideration. A careful examination of them discloses no reversible error.