28 Iowa 565 | Iowa | 1870
Of course we do not say that the court might not direct an acquittal when there is no testimony sustaining the charge, or when it is so slight and indeterminate in its nature that a verdict of guilty would be instantly set aside. Not so, however, where there is conflict, and especially upon a question like that now before us.
As to these propositions there can be controversy. They are among the fundamentals of the law touching trial by jury in this country, and authorities, though most abundant, need not be cited in their support..
The law punishes the willful and malicious burning of any * * * barn, stable, * * * out-house, or any bidlding whatever of another. Rev. 4226. In this case the pleader describes the property as a “ certain building called a barn.” It is not charged that the defendant burned a barn in its possible technical sense, but a building called a barn. That the testimony tends to show that it was called this, is clear beyond all room for controversy. If the prisoner burned this building, and this building was called a barn, he was guilty, and the jury should have so found. And this was what it' was their right and duty to determine, and not the court’s. Any other rule would, to say no more, make the command of the statute as to disregarding errors or defects which do not affect substantial rights (§ 4925) a dead letter.
But we go further and say, that the jury not only had
With us, the offense now under consideration is the burning of the building, whether barn, stable, or outhouse. And it is or may be a barn, whether used to receive the crop, for the stabling of animals, or other purposes. Bouvier’s Diet. Lexicographers tell us that it is a covered building for receiving grain, hay, or other productions of the farm, and that in the northern states of this country the farmers generally use these buildings also for stabling their horses or cattle, so that among them a barn is both a corn-house and a stable. Webster’s Diet., title Barn. And, hence, most reasonably and naturally, one of the witnesses in the case says: “ Americans would
We conclude, therefore, that as matter of law, it was not necessary, to make this or any other building a barn, that it should be designed or used, in whole or in part, for the storage of hay, corn, or provender of any kind. And even if necessary, where the indictment should charge that the building was in fact a barn (which we are far from admitting), this is not so when it is alleged that the building was Tmown or called a barn, as in this case.
In view of the law and the record, the instruction was erroneous. The question of fact should have been submitted to the jury.