94 Iowa 646 | Iowa | 1895
III. It is said that the court erred in sustaining certain objeotionsi to. question® propounded to. the witness Lizzie Meyers. It seems that the state’s witness Bolden had told McCoy, one of the defendant’s counsel, in his office, in presence of Lizzie Myers; that ha .thought the shooting was accidental; and Bolden so. admitted upon the witness stand, but claimed he said he thought it was an accident, until somebody said, “The damned nigger had shot him.” Defendant sought to show by the witness Myers that nothing was said by Bolden about the “damned nigger” having shot deceased: and
4 IV. The point is stated, but not argued, that there was¡ no evidence identifying the bullet that was taken from deceased’s neck, anld hence it was; error to admit it. Dr. Muir testified that he sa.w the bullet that was taken from the wound; that he took it out himself, and put it in his. pocket; that he had it in. his possession when he went before the grand jury to testify; and that he left it with the grand jnry. He identified the bullet offered in evidence as being the same one ha took from Scott’s body, and’ said its condition was the same except the identification marks-. There was no error in admitting the bullet.
VI. Error is assigned on the -action- of the court refusing to permit the introduction of the revolver in evidence. The revolver songbt to he introduced was not identified as the revolver which defendant had at the time of the shooting. No one who was present at tlíat time was called on to identify the instrument. The rnlina: was correct.
X. It is said1 .that the instruction relating to the peaceable character of defendant was erroneous. Counsel fail to 'suggest even wherein it doiee not lay down the correct rule. Reading the entire instruction, we think it is unobjectionable.
Certain rulings of the court touching the admission of testimony are complained of. We think it affirmatively appears that the defendant was not prejudiced thereby, and that, upon the entire record, there is no ground for disturbing the judgment of the district court. — Affirmed.