86 Iowa 698 | Iowa | 1892
This cause is submitted on a transcript of the record and printed arguments of counsel. On a former submission it was dismissed, for the reason that the record failed to show that an appeal had been taken. After the opinion was filed, the judgment of dismissal was set aside, on a showing that an appeal had in fact been duly taken, and that the failure of the record to show it was due to an oversight on the part of the clerk of the district court, without fault on the part of the defendant or his attorneys. The caséis now submitted for a decision on the merits.
The appellant discusses certain questions founded upon rulings of the court in regard to the admission of evidence, and upon portions of the charge to the jury, which we do not find it necessary to determine, for the reason that they may not arise on another trial.
The chief ground upon which the appellant relies for a reversal of the judgment of the district court is alleged misconduct on the part of the attorney who on the trial-in the district court made the closing argument to the jury on the part of the state. The prosecuting witness was nineteen years of age at the time of
' The argument in question is set out at length in the record, and is a very able and adroit presentation of the views of the attorney who made it. The first part is devoted to an explanation of the duties of the attorney as a representative of the state, and exhibits much anxiety lest he should transcend the bounds of propriety in presenting the case on behalf of the state, and thereby do an injustice to the defendant. The fact that it was not his duty to secure a conviction if the defendant was innocent of the crime of which he. was accused was given due prominence, and an unusually large portion of the argument was devoted to an attempt to convince the jury that he was wholly disinterested in the matter, excepting to aid in securing a result which should do exact justice in the case. What was said upon that subject was expressed forcibly and well, and was calculated to win the confidence of the jury, and incline them to give weight to the remainder of the argument. The attorney then devoted some time to a discussion of the evidence in a manner which was justified by the facts it tended to prove, but, as he proceeded, his remarks- began to manifest a vindictive spirit towards the defendant, and finally references to him were coupled with opprobrious epithets, expressed in language unwarranted by anything contained in the record, some of which we do not care to
These and other remarks of a similar nature were designed to inflame the minds of the jurors against the defendant, and to secure from them a verdict of guilty, without regard to the value and weight of the evidence. They were calculated to encourage violations of the law, and to lead the jury to regard their duty lightly, and to find the defendant guilty whether they were justified in so doing by the evidence and the charge of the court or not. It is true the attorney said that it would not have been lawful for' the father to shoot the
The judgment of the district court is reversed.