191 Iowa 362 | Iowa | 1921
I. Defendant was convicted of killing Frank Crees, his stepfather. The conceded facts are that Frank Crees lived in a boathouse on the Mississippi River, in the city of Dubuque, with his wife and several children. The defendant, who was the son of Mrs. Clara Crees by a former marriage, went to Dubuque, after his discharge from the army, and resided with the Crees family until the night of August 17, 1919, when the boathouse was destroyed by fire. Frank Crees was one of the employees of the Chicago, Milwaukee & St. Paul Railway
Nothing appears to have been heard of Crees, nor was any testimony offered upon the trial to the effect that he had gone to Cincinnati, as claimed by the defendant and his mother. The corpus delicti may be established by circumstantial evidence. State v. Millmeier, 102 Iowa 692. While identification of the body by witnesses who knew Crees during his lifetime was not introduced, the circumstances shown fully justified the jury in finding that the body was that of Frank Crees. The evidence abundantly justifies the conclusion that he was murdered.
“I told him that I intended to go into this matter to the bottom; that I would sift it out. There were many other members of the family who would be able to throw some light on*366 this matter, I was sure, before I finished my investigation; and I would continue to investigate the case if I had to bring'up the entire family and question each and every one of them separately. I was positive I would get the facts. He said, ‘What are you driving at ? What do you mean?’ I said,‘You needn’t ask that question of me; you know down in your heart what I mean. You know what you are up here for, and you know why I am questioning you. And you know that you have not told me the truth.’ ”
This is the language which counsel for the defendant construes as a threat. It was during this conversation that the defendant confessed, saying, “Yes, I do know something about the death of Crees. I might as well come out with it.” Later, the county attorney, in the presence of the chief of police and the police matron, wrote the statement which was signed by the defendant. This statement recites that it “is -voluntary, without threats, promise, or inducement of any kind.” Both the chief of police and the police matron testified that the statement was read over to him, and that he signed the same freely, and that nothing was done by any of the parties present to induce him to do so.
The court submitted the question to the jury by instructions to which no exception was taken. The chief of police testified that he used no persuasion, promises, or other inducements to obtain the confession. The court could not have found, as a matter of law, that the confession was improperly obtained, and this question was, therefore, properly submitted to the jury. State v. Bennett, 143 Iowa 214. The confession was properly received in evidence.
III. One McCarthy testified that the defendant told him that he killed Crees with a window weight on Friday night; that these statements were made by the defendant voluntarily, and without threats or promises of any kind. The court properly overruled defendant’s objections to the testimony of this witness, which were based upon the same grounds as the objections to the testimony of the chief of police.
“October 7th, 1919.
“Mrs. Clare Crees, Dear M. Frend. Here is some good advice to you. Swear that James Killed Frank in defense. Say that he had that big English knife in his hand, atrying to cut the underclothes off the girls. Say that James dragged Frank back from the girls and Frank hit James with the knife. Say James hit him with the iron weight which was on the floor. Say you saw the knife in his hand. The rest after that the same as before. As much as you remember. Learn by heart.
“[Signed] Mathew F. Marsun.
“ (Give the sign if you get this letter.) ”
The letter was never received by his mother, and she did not testify as a witness. Death was caused by blows upon the head with a blunt instrument, and the manner in which the body was placed in the river leaves no doubt that Crees was murdered. The evidence fully and abundantly sustains the verdict.
VI. Complaint is also made of the refusal of the court to give a requested instruction. No exception was taken to the refusal of the court to give this instruction, and its substance was embodied in a separate paragraph of the court’s charge to the jury. Some other alleged errors are • discussed by counsel, but they are without substantial merit. We have read the entire record with care, and are satisfied that the verdict of the jury was right, and that no prejudicial error was committed by the court. It follows that the judgment below is — Affirmed.