80 Iowa 609 | Iowa | 1890
The defendant was sixteen years of age at the time the alleged crime was committed. The deceased was aged eighteen years. They were pupils in the same
Thére were two grounds of defense: First, that the pistol was discharged by accident; and, second, that, if the jury found it was not by accident or misadventure, then that the defendant was excusable on the ground of self-defense. The defendant testified in his own behalf, and stated that he did not intend to discharge the pistol, but that he took it from his pocket in the belief that deceased would then cease his assault
We are asked to reverse the judgment on the ground that the' verdict is. not supported by the evidence. In our opinion, if we were to do so, it would be an unwarranted invasion of the province of the jury. We cannot hold that the evidence, without conflict, shows that the pistol was accidentally discharged ; and we may say the same of the evidence tending to show that the act was excusable upon the ground of self-defense. That question was for the consideration of the jury. We think the judgment ought not to be reversed on the ground that the verdict is not supported by the evidence.
Modified and affirmed.