109 Iowa 209 | Iowa | 1899
I. It appears that in impaneling the jury, after exhausting the regular panel, when the clerk was about, to proceed to draw from the tales-box, the court directed as follows: “The Oourt: One of the jurors summoned a& talesman in the last panel issued, appearing and offering sufficient excuse, — reason for excuse, — was by the court excused; and it appearing to the court that the other person-named in the venire drawn to serve as a talesman is not in-the city, but is in the country, and will not return until' noon, the court, on its own motion, directs the clerk to-proceed and draw from the talesmen’s box the names of two persons to serve as talesmen on the trial in this case, omitting the names of any that he knows to- be exempt from jury service, or any that may be absent from the territory,” —to which order and ruling the defendant at the time excepted. Appellant complains of this action of the court.
II. Appellant presents several exceptions- to rulings of the court in taking the evidence. To understand these, we will state briefly the theory of the prosecution, as indicated in the charge and in the evidence. It appears that, in the fall and early winter of 1897, these defendants were camped on one of the rivers of Warren county, some of them representing themselves to be engaged in the business of hunting and trapping wolves. The defendant and his wife, then
0. 0. Stiles, auditor of Madison county, called by the state, having testified to the presentation of the claims against that county by McIntosh, that the hides had the. appearance of old hides, and were not such as were ordinarily presented, but were smaller and darker in color, was
Appellant next complains that Exhibits 1, 2, 3, and 4 were admitted in evidence. These are the two claims made
The county attorney asked a witness, “Did you ever see anybody that had seen] them, kill any wolves ?” to which the witness answered, “No, sir.” Appellant complains that
The auditor of Guthrie county, having testified to. seeing McIntosh and appellant at his office, was asked, “You may ¡state whether or not either or both of them have ever filed any claims in your county before you, as auditor, claiming bounty on wolves killed in your county.” This was objected to as incompetent, ¡immaterial, and irrelevant, and
Mr. Hall, auditor of Ringgold county, testified that McIntosh filed a claim against that county, August 14, 1897,
A. Bond was permitted- to testify, over appellant’s objections, to a conversation between some of the defendants overheard by him when guarding them in the jail. Witness was unable to state which one made the statements to which he testified. He said, “I do' not pretend to say that anything
One Baker testified to picking up-a book dropped from the bridge near the camp' of the defendants, and appellant