145 Iowa 337 | Iowa | 1910
The direct evidence of the commission of the áct. charged was furnished by the testimony of the boy, then twelve years of age, upon whom the offense was charged to have been committed, and certain statements made by defendant to the chief of police and city detective who held the defendant under arrest. There is practically no conflict in the evidence, defendant not having testified as a witness, and the conviction must be sustained, unless some error of law prejudicial to the defendant was committed in rulings on the introduction of evidence or in the instructions" to the jury.
II. It is contended that the court excluded evidence which, if admitted, would have tended to show that at the time of making his confession defendant was not in his right mind, but we find no support in the record for such contention. The detective testified that, at the time the statement was made, he observed defendant’s condition and appearance, and that he appeared “about the same as he does at the present time.”
IV. The sister of defendant, called as a witness in his behalf, testified that she and defendant lived in the same house about- the time the crime was committed, and that she saw him daily and observed his actions, and that he was overworked and nervous. She was then asked whether or not for several weeks or months prior to the 22d day of October, 1908, sho observed defendant’s actions, and whether they were usual or unusual, and how he appeared, and what he said and did. This question was objected to for the state on the ground that it called for incompetent, irrelevant, and immaterial testimony, and for the opinion and conclusion of the witness. Thereupon the court excused the jury from the room, and heard a statement by counsel for defendant as to the purpose of the offered evidence, 'and then entered its ruling, as follows: “The objection will be sustained; counsel for defendant stating that they rely upon the record of the commissioners of insanity of this county, which they will subsequently, offer and introduce for the- purpose of showing the mental condition of the defendant as found, by that commission, and that this court has no jurisdiction,” After this ruling was made, counsel for defendant
The witness testified that she saw and talked with defendant after his arrest, and that “he did not realize anything.” This answer was properly stricken out as not tending to show defendant’s condition, either at the time of his alleged commission of the crime, or at the time he was being tried.
A brother of the defendant, having testified that he observed the actions, condition, talk, and demeanor of defendant during the fall and summer of 1908, was asked to state to the jury how he acted and how he appeared. This question was objected to as calling for incompetent and immaterial testimony “in view of the statements and concession of counsel for defendant heretofore made.” The objection was properly sustained for the reasons already indicated with relation to like offer of testimony on the part of defendant’s sister.
Finding no error in the record, the conviction is affirmed.