120 Iowa 238 | Iowa | 1903
—Defendant and his wife, Nettie Hoot, were married in January, 1899. After living together about a week, they separated, and Mrs. Hoot returned - to her home, at No. 337 Argyle street, in the city of Waterloo, this state. In May following, defendant returned to his wife at Waterloo, and together they started to make a trip down the Mississippi river, but it seems another disagreement arose, and within a few days Mrs. Hoot came. back to her home in Waterloo. The defendant visited.her there on August 10, remaining about an hour. He then went away, and did not return agiin. On October 30, 1899, a letter, addressed to the defendant at No. 337 Argyle street, Waterloo, was delivered by letter carrier to Mrs. Hoot, who opened and read the same. She testifies that previous to this she had frequently opened letters addressed to her husband, and which had been delivered at her residence,-and had then forwarded the same to him, if important. The address upon the envelope, together
I. The box in question was sent by express from Chicago to Waterloo. Appellant complains that the trial court did not fairly and sufficiently instruct the jury upon
II. A further matter of complaint has relation to the legal status of defendant and his wife as _ of the time in question, and the failure of the trial court to instruct with
We may concede the premises, but we cannot yield our judgment to the conclusion. No question of abstract right or authority on the part of Mrs. Hoot is involved. The only question necessary or proper for our consideration in this connection is this: Assuming that defendant was the sender of the box in question, does the evidence in the record before us warrant a finding that it was within his contemplation that such box would be delivered to his wife, and that an attempt would be made on her part to open the same? In criminal law it is cardinal doctrine that every man is presumed to intend all the probable consequences of his wilful act. 2 Bishop on Criminal Law, section 665. If, therefore, the act done was followed by a result, probable in itself, and such result was within the ■contemplation of the defendant at the time the act was ■done, no other rational conclusion can be reached save that the result contemplated was the result intended. How, it is manifest to us that the doctrines of the law of agency can
III. It is asserted by counsel for appellant that a specific intent, alleged and proven, is essential to the •crime charged in the indictment, and that the evidence in
Undoubtedly, counsel has correctly apprehended the rules of law, but his position is fatally weak in that the relevant evidence found in the record of the case is not confined to the mere fact of the sending of the box. There is the letter received by Mrs. Hoot in the morning, which the evidence tends to prove was written by the same person who wrote the address upon the box. It was known to defendant that Mrs. Hoot had been in the habit of opening his letters, and a jury would be warranted in finding that it was expected this one also would be opened ■by her. Counsel does not proceed to the point of contending that the letter was not sufficient to excite the interest of the woman, and to impel her to open the box upon its arrival. In our opinion, it was well calculated, to say the. least, to incite the belief that the box contained articles that had been presented by her husband to some other Avoman, and were now for some reason being sent back. To open the box under such circumstances might well be found to be the result of a natural impulse.
The evidence warrants a further finding of facts as follows: That during October, 1899, defendant was staying in Omaha, Neb., and while there he procured to be made a box, identical in point of description with the one delivered in Waterloo; that about October 25, 1899, he left Omaha, and went to Des Moines, where he purchased five pounds of dynamite. From Des Moines he went to Chicago. He is identified by several witnesses as the person who sent the box in question by express to Waterloo. When apprehended, he was in New Orleans, living under an assumed name. The strained relations existing between defendant and his wife, together with the facts concerning
IV. It is said by counsel for the appellant — and we think correctly — that to support a conviction, the record must show acts done by the defendant, “intended, adapted,
Y: The jury was instructed upon the theory that the defendant was either guilty of the specific crime charged in the indictment, or not guilty of any. .No reference is
We have left therefore the inquiry whether under the circumstances of this case, the defendant could have properly been convicted ef any offense less than that charged in the indictment. It seems to us there is room for but one conclusion. If defendant sent the bos intending that it should be opened, he cottld have but one purpose in view, and that was to murder. If he did not send the bos with such intent, he is guilty of no offense. The character of the contents of the bos was such that an explosion meant certain death to one standing at the time over or near the same. Had an explosion actually followed the acts done by Mrs. Hoot, the offense, if any, would have been murder. Such being the facts, there is no more reason for taking into account included offenses than there would be in the case of one who deliberately puts a death-dealing poison into a cup for another to drink. In such cases there can be but the one purpose, and that is to produce death. If death result, there can be but the one crime, and that is murder. It follows from what we have said that there was no error in failing to instruct the jury upon the subject of included offenses.
We have now given consideration to all the matters concerning which complaint is made by counsel for appel