30 Iowa 504 | Iowa | 1870
The first error assigned raises the question of the sufficiency of the indictment, wherein it charges the defendant, with the larceny of “ $180 in bank notes, usually known and described as greenbacks.” Without doubt, it was practicable to have described the property stolen with
The crime being charged in such a manner as to enable a person of common understanding to know what is intended and the court to pronounce judgment, etc., the indictment under the statute is sufficient. Rev., § 4659, subdivision 5.
II. The next question is as to the sufficiency of the evidence to support the verdict.
One thing is patent from the testimony that Hockenberry and the witnesses, Gib. Hankins and the two Haggertys, were equally concerned in the plot to rob Curtis of his money before he should escape from them. It is equally certain that Curtis came out of their hands utterly fleeced. Hockenberry was the brains of the gang of thieves he that night headed, and the witness, Gib. Hankins, although an accomplice, is corroborated by his mother connecting the defendant with the commission of the crime. The corroboration not only shows that the offense was committed, but it tends strongly to connect the defendant with it.
The appellants’ counsel comments upon the bad character of the witness, Gib. Hanldns. His character is not good, it is true, but he is not contradicted on any material matter by any witness, except some of those, who, like him, were accomplices older in crime and equally unreliable. He is strongly corroborated by his mother, who stands unimpeached, and the verdict is clearly according to their testimony.
III. The third error assigned is, the refusal of the court to grant a new trial on the ground of misconduct of James McLaughlin, one of the jurors.
The only evidence of the charge against the juror is the single affidavit of James McOollister. On the other hand the juror pointedly denies the charge imputed to him, and so fully and fairly explains the conversation referred to by McOollister in his affidavit, as to make it clear that McOollister was mistaken. In addition to the affidavit of the juror, McLaughlin, are the affidavits' of the other ten jurors who served with him, who fully sustain him, and make it
The judgment of the district court is
Affirmed.