52 Iowa 150 | Iowa | 1879
There is another error in this instruction, not, perhaps, so obvious as the one above noticed. The jury are directed that it is proper for them to consider evidence of good character in determining whether the defendant inflicted the wound which caused the death of Roberts, and, if so, whether such hilling was felonious. From this direction the jury may have understood that they could consider evidence of defendant’s good character as bearing only upon the question of the felonious killing of Roberts. There are three kinds of felonious homicide: Murder in the first degree, murder in the second degree, and manslaughter. The defendant' was entitled to have evidence of his good character considered upon the questions not only as to whether he billed Roberts, and whether that killing was felonious, but also upon the question as to whether the circumstances of the killing constituted murder in the first or second degree, or only manslaughter. In other words the evidence bears upon the question of the degree of the felony, as well as upon the question whether a felony has been committed.
For the errors considered the judgment is
Reversed.