17 Iowa 25 | Iowa | 1864
Tbe regularity of tbe proceeding is questioned upon several grounds.
“ In order to find the defendant guilty, you must find that he did the act willfully and maliciously. But if you find that the defendant knew that the railroad was at the time being used and run for the purpose of carrying freight and passengers over the road, and that he intended to place the obstructions on the road, malice will be implied, unless the defendant, on his part, shall have satisfied you that the obstructions were put upon the track for a lawful purpose.”
We understand the point of the objection to go to the implication of malice under such a state of case. Malice not unfrequently is an element of crime, and we do not see why, in this as in other cases, it may not be shown inferentially. Its presence is often most difficult. to be proved affirmatively; but as the law presumes that the party intends the consequences which would naturally flow from his acts, so, when such results prove to be criminal and mischievous, the law will imply that the party acted maliciously. We think the charge was well put, and stated the law correctly.
That, if the jury beleive from the evidence, that the defendant owns the land where the obstruction was laid upon the railroad track, and the railroad company had not obtained the right of way over the same, then the defendant had a right to place what he pleased upon his own land, and should be acquitted.
This the court refused; and its ruling was so obviously right that we can scarcely believe that it is expected of us to undertake a vindication of its correctness.
Another objection, equally unfounded, is made to the
There may be considerations connected with this unfortunate transaction which would address themselves with force to the clemency of the executive of the State; but we are compelled to say that the record before us presents no such error or irregularity in the proceedings as would justify disturbing the same, and the judgment below will be
Affirmed.