147 Iowa 588 | Iowa | 1910
In the early evening of February 5,
In the case at bar the defendant was given a change of venue to another county. Nearly four months intervened before he was brought to trial. He was defended by distinguished, able, and experienced lawyers who have served him with unselfish zeal, and while not stultifying themselves by denying his guilt or asking for his acquittal, have presented every mitigating fact and circumstance in its most persuasive and forcible aspect. There is nothing to indicate that the trial was had under pressure imposed by outside influences, and we are bound to believe that the twelve jurors to whom the appellant’s fate was committed reached the conscientious conclusion that, however defective
Nor does the evidence make such a showing of appellant’s defective mental and moral capacity as to permit this court to interfere with the verdict. He had received some degree of educatioxx and was able to read and write. He appears to have known how to .perform acceptable ■ manual labor when disposed to do it. While a slave to drink and drugs, his faculties were not so obscured on the evexxing of his awful crime but that he remembered and related the circumstances attexxding it, and the dispositioxx made by him of the booty taken from the body of his victim. It xnay -be, as couxxsel sixggest, that he is the natural and inevitable product of “Smoky Row” and the slums of the city, and that in a certain just sense the ultimate responsibility for turning out such as he to prey upoxi the innocent and helpless rests upon society or the state which permits, if not legalizes, the conditions which alone make such elimináis possible,- but the development of the ideal state in which crime shall be banished or destroyed by
No ground has been shown for reversal or for any mitigation or change in the sentence imposed upon the