74 Iowa 589 | Iowa | 1888
The court gave the jury the following among other instructions:
‘ ‘ The law presumes that the influence of a husband over his wife is such that she is not held criminally liable for unlawful acts done by her in his presence, unless there is evidence to rebut this presumption, and satisfy the jury that the wife in what she did was exercising a free volition, and was guilty of independent criminal action on her own part; and if you find from the evidence that the defendant Margaret Kelly was concerned in the commission of or did the criminal act charged in the indictment to have caused the death of Charles Archibald, or aided or abetted its commission, but that what she so did was done in the presence of her husband, the law presumes, if there is no evidence to the contrary, that she was coerced by her husband to do all such criminal acts as • were done by her in his presence ; and she cannot be found guilty of such acts by your verdict, unless you find from the evidence that she was exercising, in what she did, a free will to do or not to do, and an independent criminal action on her own part. But if you find from the evidence that she was so exercising a free will, and an independent criminal action, the mere presence of her husband at the time she did any criminal act will not protect her from its consequences. The law does not require a wife to become an informer against her husband, or to expose his crimes or infamies ; and if you do not find from the evidence, when considered under the instructions of the
We think the law with reference to the criminal responsibility of a married woman was correctly given by the court to the jury in the instruction above set out. See State v. Fitzgerald, 49 Iowa, 260 ; 1 Whart. Crim. Law, sec. 71 et seq. ; 1 Bish. Crim. Law, sec. 358, et seq. But we think if the jury had followed the instruction there was no evidence to warrant a verdict against the defendant. We have read the evidence with care, and, giving it the fairest and fullest consideration, we fail to find any ground for holding that if the defendant was present when the crime was committed she took any part therein, either by word or act; and, if she did, there is no evidence rebutting the presumption that she acted under the coercion of her husband.
Complaint is made of the refusal of the court to give certain instructions asked in behalf of the defendant. We think they were rightly refused. The instructions of the court upon the questions involved were as favorable to the defendant as could fairly be asked.
The judgment will be reversed, and the cause remanded for a new trial, upon the ground that the verdict is without support in the evidence.
Reversed.