193 Iowa 992 | Iowa | 1922
— I. The indictment charged Carmella Russo, an Italian girl 16 years of age, with the crime of murder. She was convicted in the court below of manslaughter, and sentenced to an indeterminate term, not exceeding eight years, in the Women’s Reformatory at Rockwell City. Although the killing is admitted, and the sufficiency of the evidence to sustain the conviction unchallenged, other questions discussed by counsel for appellant make necessary a somewhat detailed statement of the facts surrounding the tragedy.
The principal defense relied upon was the insanity of the defendant. The defendant resided with her parents in an 11-room house, on Eighteenth Street in the city of Centerville, a short distance south of a Rock Island railroad crossing. Antonio Matto, a fellow countryman, who was killed by the defendant, boarded for several weeks at the home of defendant’s parents. A short time before the tragedy, which occurred June
It is not claimed that George Russo Avas a party to the shooting, and the evidence sIioays that he did not knoAV Avhat the trouble was, and was trying to pi’event the tragedy. The defendant quickly oA^ertook Matto, and fired eight shots into his body, three of which struck him in the abdomen, tAAro in the neck, one in the chin, one in the shoulder, and one about the small of the back. He fell to the ground, and soon expired.
One of the guns Avith Avhich the defendant AA'as armed Avhen she came out of the house Avas taken from her by her mother, before she started to go to the alley. The court permitted the defendant to sIioav that, on numerous occasions during the time Matto boarded with her parents, he tried to induce her to have intercourse with him; that he took hold of her and tried to take her to a bedroom, offered her $5.00, and Avanted her to run aAvay with him; and that there Avas other insulting and immoral conduct tOAvard her. Matto Avas married, but his family lived in Italy. The evidence sIioavs that the defendant AA’as very much annoyed by the ¿felicitations of Matto, and that she resented his attentions to her. The defendant and Cosmo Millone, a Sicilian, Avere lovers, and expected some time to be married. Matto kncAv of their relation, and was apparently jealous of Cosmo. At any rate, he wrote a letter to Pete Crachiolo, defendant’s brother-
Tlie defendant attended the public schools in Centerville until she was ready to enter the eighth grade, when she went to Des Moines, and took a course in shorthand and typewriting. At the time of the tragedy, she was employed by, and worked in the office of, a local abstract company. She knew about the letter written by Matto to her brother-in-law, but previous to June 15th, had never heard of the letter written by him, or at his dictation, to Cosmo. Cosmo was working at Rock Island, but visiting in Centerville. He walked with the defendant from her home to the abstract office, on the morning of the tragedy. Both tlie defendant and Cosmo testified that-he then told her about the letter he had received from Matto, and promised to send it to the defendant when he returned to Rock Island. He returned to Rock Island the same day. The defendant further testified that she had previously noticed that Cosmo was g’reatly changed in his attitude toward her. About 10 o’clock, sbe went to the office of the sheriff and requested a permit to carry a gun. The sheriff refused her a permit unless she brought him a recommendation from the mayor, or a justice of the peace. She promptly called upon the mayor, a justice of the peace, and the deputy sheriff, but was refused a recommendation or permit. She left the office of her employer in the afternoon, saying that her mother was ill, went to the office of the family physician, obtained some' medicine for her mother, and then went home. The tragedy occurred that evening, shortly before sunset. Several witnesses testified that, while she was shooting Matto, she repeated that “he tried to take her honor from her.” George Russo testified that, when he overtook Matto on the lot where he was killed, he told him that he would take him to court, and that Matto said, in substance:
“Don’t kill me, George. You have a right to send me to the pen.”
Immediately after the shooting, the defendant said to her father, “Come, father, I’ll go to the law myself.” When she
Many alleged errors of the court in ruling 'upon objections to testimony are assigned by appellant. It would be a tedious and unnecessary task to consider and discuss each assignment separately and in detail. Many of the rulings of the court were correct; while ‘some were probably erroneous, but without prejudice.
The sheriff testified in chief, on behalf of the State, that the defendant came to his office about 10 o’clock in the morning, and requested a permit to carry a gun; that he declined to grant same, without a recommendation from a justice of the peace or the mayor. He was asked, upon cross-examination, to state whether, from her appearance, the defendant seemed to be serious or joking, and to describe her condition. An objection to this question was sustained. ■ The ruling was clearly correct. The testimony of the sheriff was confined to the defendant’s request for a permit to carry a gun, and what was said on that subject.
A witness was permitted to testify that Matto said, when he started south on Eighteenth Street, just before he was killed, that he was going to a show. This testimony was received over the objection of defendant’s counsel. Whether properly admitted or not, it was clearly without prejudice.
A witness testified that defendant occasionally wrote letters for him, and that, on the evening in question, and shortly before the shooting, he went to her home to have her write an affidavit or letter in Italian for him. The witness told her what to write.
Dr. Tillmont testified that he was the family physician of George Eusso and family, and that defendant came to his office about the middle of the afternoon on June 15th and asked for medicine for her mother; that, while she was in the office, he noticed her looking out of the window; that, when she turned around, he saw that she was crying; that he asked her if her mother was “bad sick,” and that she replied, “No, that isn’t the trouble;” that she said she had lost considerable sleep, and that she was very nervous; that she was pale, trembling, and agitated. The witness said to her: ‘ ‘ Carmella, you are in pretty bad condition. Why?” He was here interrupted by an objection by counsel for the State, which was sustained upon the ground that the witness should not be permitted to detail the conversation had with the defendant. This witness later testified fully as to the appearance and mental condition of the defendant, and in answer to a long hypothetical question, gave it as his opinion that she was insane at the time of the shooting. The record does not disclose what the conversation with the defendant was, nor is it claimed that anything bearing upon her mental condition was said by her.
George Eusso was asked by the county attorney, on cross-examination, as to certain statements made by him to William Ehodes, to the effect that, if Carmella had not killed Matto, he would, and that he said, “When a man interferes with a man’s family, it is time to do something.” The testimony was received without objection. The father of the defendant denied having had such a conversation. Éhodes was later called by the State in rebuttal, and permitted to testify, over defendant’s
Many other rulings of the court are complained of. We have examined each assignment with the care and scrutiny the importance of the case requires. We find no reversible error in the court’s ruling upon objections to testimony. The sole defense urged upon the trial was the claimed insanity of the defendant. Great liberality in the introduction of testimony upon this issue was allowed by the court. No detail or circumstance having the slightest bearing thereon was rejected, and much testimony of doubtful competency was offered by the defendant and admitted. We have neither overlooked nor failed to give due consideration to the rulings of the court complained of.
III. Twenty-one -instructions were requested by the defendant-. Error is assigned because of the refusal of the court to give a number of them, in addition to the one relating to self-defense. We have carefully examined each of the several requested instructions and compared the same with the court’s charge to the jury, which was full and complete, and embodied all of .the essential propositions covered by the requested instructions.
IV. Evidence was also offered upon the subject of the defendant’s character as a peaceable and law-abiding citizen. An instruction stating the effect to be given this evidence was requested and refused. The subject was fully and fairly covered by the court’s charge to the jury. Instructions defining insanity were also requested, and -were refused by the court. This subject was likewise fully covered by the court’s instructions.
V. A long hypothetical question was propounded to several medical witnesses on behalf of the defendant, and also a similar question embodying the theory of the State was asked by the county attorney, upon cross-examination. Some complaint is made of the ruling of the court upon objections made to the State’s hypothetical question. The objections were without merit. The instructions of the court were in the usual form, and embodied all the essential requirements. We therefore find no reversible error in the court’s charge to the jury, nor in the refusal to give requested instructions.
It would serve no useful purpose to extend this opinion by a further detailed discussion of the numerous errors assigned. The defendant had a fair trial. Her act could be excused only upon the ground of mental irresponsibility, and the evidence offered upon this point is neither of a persuasive nor a convincing-character. It would have been wrong for the court to have submitted to the jury the issue of self-defense. The evidence did not justify it. Matto appears to have been a somewhat debased individual, and the defendant was, no doubt, greatly angered by his attentions and conduct toward her. The act of writing the letters to her brother-in-law and to her lover was