58 Iowa 121 | Iowa | 1882
“In order to warrant you in returning a verdict of guilty, the State must satisfy you, by the evidence introduced upon the trial, of the truth of each of the following material allegations of the indictment, necessary to be shown; in order to constitute the crime charged:
“First. That prior to the first day of January, one George*124 T. ITanson had committed a felony, by stealing from one Gideon Ruthven the sum of sixty-five dollars, or any other sum amounting to more than twenty dollars.
“Second. That Robert Ruthven had knowledge of such stealing, and thereupon promised and agreed with George Hanson, the father of George T. Hanson, that he would not prosecute said crime, and would conceal the same, upon the making and delivery to him, by said George' Hanson, of a note for one hundred dollars, secured by mortgage.
“Third. That the agreement was consummated by the said George Hanson, making, and the said Robert Ruthven, receiving, from him his note for one hundred dollars.
“Fowrth. That this occured in this county and State, on, or about, the first day of January, 1879, or at any time within the three years prior to April 15,1881, the date of the finding of the indictment.
“If the State has satisfied you of the truth of each of the foregoing material allegations, and of the defendant’s guilt, beyond any reasonable doubt, you should convict; otherwise, it will be your duty to acquit.”
It is true, the court refused to give an instruction asked by the defendant, to the effect, that the State must prove beyond a reasonable doubt, the commission of the crime, with the compounding of which the defendant is charged. But the court having, in the unmistakable manner above set out, charged upon the subject, was under no obligation to give an instruction asked by the defendant embracing the same thought. The record discloses no error.
Aeetrmed.