130 Iowa 697 | Iowa | 1906
The chronology of this case is substantially as follows: The defendant was a tenant on the farm of James Sparks under a written lease in which Sparks reserved the use of certain rooms in the house and the right to go upon said premises at any time for lawful purposes. Prior to the 19th day of August) 1904, Sparks occupied the reserved rooms and kept some stock on the premises. John Parker, the deceased, was the son of T. B. Parker, and lived with his- father on a farm adjoining the Sparks land. Sparks spent the night of the 18th of August at the Parker home, and toward noon of the 19th the two Parkers and Sparks, with a team and wagon, went across a part of the . Sparks farm to the house o-r bam lot, where they were met by the defendant and ordered off of the place. John Parker had opened a gate for the team to pass into the barn lot immediately preceding the defendant’s arrival, and was standing near the wagon at the time they were ordered away. Sparks and the elder Parker were then in the wagon. Yery soon thereafter John Parker and the defendant engaged in a physical conflict, in which both fell to the ground; John Parker being on top of the defendant. The advantage of such position does not appear to have been lasting, however, for young Parker soon called to his father to come and loosen the defendant’s hand from his throat. The father at once responded to the call, and did loosen the defendant’s grasp, and almost immediately thereafter the defendant arose and fled to the house. Whether he was pursued by one or both of the Parkers is a disputed question; but, if any pursuit was made, it was of short duration, and ended some thirty or more feet from the house. The defendant remained in the house a few moments, and then came out
One of the appellant’s contentions is that there is not sufficient evidence to support the verdict; but with this contention we find ourselves unable to agree. We have given the entire evidence careful consideration, and are abidingly satisfied that the.verdict is right.
Complaint is made of the cross-examination of the defendant, but we find nothing therein requiring specific mention, much less a reversal of the case. The appellant also attempted to show that Sparks had made improper proposals to his wife. The subject was entirely foreign to any matter involved in this case, and the court very properly refused to enter the field.
The appellant’s physician was called by the state and asked as to a wound on the defendant’s head in 1901. He was not permitted to testify, however, and no prejudice appears from the questions alone.
Paragraph 31 of the court’s instructions is as follows: “ It is claimed by the defendant that in the first altercation between defendant and the Parkers the defendant received blows on his head, thereby affecting his mental condition and rendering him irrational, and that during the time when the defendant went to his house and armed himself with the gun. and returned to the barn with the gun in his hands and shot the defendant such irrational condition still existed, and that the defendant was laboring under mental aberration to such an extent that he did not realize what he was doing, and is therefore not responsible for his acts, and defendant was. incapable of forming an intent.” Following this, the court told the jury that the law presumes mental capacity and responsibility unless the fact is proven otherwise by a preponderance of the evidence. The jury was told, further, that if it found that the defendant, at the time the gun was discharged, was laboring under mental aberration to such an extent that he did not realize or comprehend his acts and was incapable of forming an intent, “ it is a defense for an act committed while in that condition, and in
Several instructions were requested by the defendant, which were refused. The essentials thereof were embodied in those given by the court, and there was no error in the ruling.
The judgment must be, and it is, affirmed.