122 Iowa 136 | Iowa | 1904
Defendant and another man, by the name of Linn, went to the house of a Mrs. Kilbain, in the city of Des Moines, at which place Linn had a room.
The first claim made on the appeal is that the verdict is not supported by the evidence. The statement which we have made, gathered from testimony which the jury had the right to believe, is a sufficient answer to this contention. The case as thus stated does not disclose any justification or excuse for the homicide.
II. Complaint is made of the court’s refusal to give certain instructions asked by the defendant. We shall not set. all of them out, as no good purpose would be sub-
III. The trial court gave the usual instructions with reference to deadly weapons, and as to the presumption arising from the use thereof in a deadly manner. It is
The twenty-fourth instruction reads as follows: “If the defendant and said George Linn were in the house of one. Lizzie Kilbain, and she wanted the defendant to leave
IY. Lastly, it is insisted that the court sentenced the defendant prematurely. This is based upon section 5431 of the Code, which provides in substance, that at least
There is no error in the record, and the judgment is AEFIRMED.