79 Iowa 745 | Iowa | 1890
This is a sufficient statement of the testimony to show that there was a conflict as to how many shots the defendant fired, and whether he intended to injure Smith. In State v. Elliott, 15 Iowa, 79, the court says: “And, while we recognize the duty of the court to interfere with an unjust verdict, it should nevertheless be well satisfied, when the testimony is conflicting, of its insufficiency to convince the judgment, reason and conscience of the triers, before setting aside the conclusion arrived at, as it must be presumed, after the requisite patient thought and attention; and especially is this so when the court below has refused to disturb such verdict.” We are clearly of the opinion that the judgment in this case should not be reversed on the grounds of insufficient evidence.
Affirmed.