123 Iowa 476 | Iowa | 1904
It is said in argument that the testimony sought to be elicited was important as “bearing upon the defendant’s intent,” and as showing that defendant “only meant — -unlawfully, if you please — to avenge an insult, or whether he intended to inflict great bodily injury upon Pickart.” Tais ■would be a valid objection if the intent to avenge an insult and the intent to inflict great bodily injury ■were in the least-inconsistent, so that proof of the former would tend to contradict or lessen the probability of the latter; but unfortunately they are not only consistent with each other, but proof of the former tends rather to emphasize the probable existence of the latter. Stripped of all disguises, the attempt in this case, as in many cases of the kind, is to get into the record the collateral personal bickerings of the parties, and, by showing up alleged insults and epithets, aroused in the jury that feeling of savage justice, not yet fully refined out of the human heart, which leads men to condone an unlawful assault on the theory that the complaining witness “got no mor» than he deserved.” Courts of justice cannot permit cases to be tried upon that principle without encouraging lawlessness and violence. If men will insist upon wreaking private vengeance upon the persons of those doing them private wrong, they should not complain when required to answer to the law which they thereby consciously violate.
We find no prejudicial error in the record, and the judgment of the trial court is aeeirmed.