164 Iowa 434 | Iowa | 1914
The defendant was charged with the murder of his wife on the night of February 24, 1913, at their home in Des Moines. It is undisputed that the defendant’s wife died from septic poisoning resulting from a gunshot wound at the knee, and that the injury was inflicted by the defendant. The claim of the defendant is that the shooting was purely accidental, and there is much in the circumstances to support this claim. The defendant is a colored laborer, and manifestly belongs to that lower stratum of the colored race to whom freedom has not proved uplifting, but, on the contrary, has been a wide-open door to dissipation. Of the same class are the witnesses who testified to the circumstances preceding the shooting. It is a circumstance against the defendant that these witnesses were his companions, and they were without apparent motive of hostility to him. There is, however, considerable inconsistency and self-contradiction in their testimony on behalf of the state. The defendant is a coal miner who had been out of work for several months prior to the time of the shooting by reason of some disability. He was suffering from an injured eye, and also was carrying his arm in a sling. The shooting occurred about 2 o’clock in the morning; the defendant arriving home at that time. His own story is that he was undressing, and was having difficulty in removing his shirt because of his lame arm, and that his wife
The complaint is that there was nothing in the record to justify the giving of this instruction. It is undisputed that the defendant was first arrested for the assault immediately after the shooting on the same night, and that he gave bail. The particular circumstances of that arrest are not in evidence. A month later, and after the death of the wife, the grand jury returned an indictment, and a warrant was issued thereunder. The arrest of the defendant under this warrant was made by Deputy Sheriff Sunberg. If there was evidence
The foregoing from appellant’s abstract is amended in appellee’s abstract by adding as follows: “We stood around there awhile, and heard a little noise in there, and this colored gentleman that was with us rapped on the door, and Manigan answered and asked who was there, and he told his name to him. Told him to open the door, and Manigan stuck the key from under the door outside, the padlock key, and he opened the door.”
It appears that the Norwoodville Coal Company was the defendant’s last employer. The time of day or night when the arrest was made does not appear. It does not even appear that the defendant knew of the indictment. Not a circumstance is shown other than above set forth tending to show flight or concealment. The defendant was out on bail under the first arrest, and was in no manner defaulted. The mere fact that the defendant was in a house in the vicinity of a eoal mine where he had worked when he worked at all has in it no suggestion of flight or concealment, nor did the fact that the door was locked of itself prove anything in that direction. The lock is the universal protection even of the occupant of the “hut” against the petty thievery that would despoil him of what little he had. The fact that the house was a “shanty” adds nothing to the force of the circumstance. It was in keeping with defendant’s station in life. In this case the shanty belonged to another occupant, and its door was locked by him. We think, therefore, that this evidence was wholly insufficient to permit the jury to consider it as “prima facie evidence of guilt.”
Counsel for defendant abandoned the attempt to elicit the testimony upon the single adverse ruling of the court, and the record gives us little assurance, if any, that, if the witness had been permitted to answer the question put, she would have negatived the testimony on behalf of the state.
For the reasons indicated, the judgment of conviction must be reversed, and the ease remanded for another trial.
In view of our grave doubt of the sufficiency of the evidence to justify a verdict for first degree murder, we are not averse to granting a new trial upon the errors indicated. The defendant is not a valuable member of society. The verdict doubtless drew no tear from any eye save his own. He would doubtless fare as well in the penitentiary, and perhaps better, than in any place he may ever make for himself. But his right to a fair trial is no less sacred than that of the man of substance and of friends. — Reversed and Remanded.