63 Iowa 380 | Iowa | 1884
—I. At a former trial, the appeal in this case was dismissed on the ground that no notice of appeal was shown. See 15 N. W. Reporter, 605:
II. It is first urged that the indictment is not signed by •the district attorney, or by any other officer in his place, and that it presents two distinct offenses. The indictment in this
III. Two others indicted with defendant were tried with him. It is insisted that the court erred in admitting evidence tending to prove that defendant was guilty of committing a burglary, other than the one charged in the indictment. We have been unable to discover that any such evidence was admitted implicating defendant. It is possible that there was evidence tending to show that one or more of the other persons indicted and tried with defendant admitted connection with the other burglary. But this we do not decide. If it be admitted, no prejudice could have resulted to defendant from the evidence.
IY. It is next objected that the court erred in admitting evidence of defendant’s confessions of guilt, on the ground that they were not freely made, but were elicited through promises of protection or advantage, and fear of violence and punishment. It is claimed that evidence of such confessions, made at four separate times, was admitted. As to the first, said to have been made soon after defendant’s arrest, it. is sufficient to say that we cannot discover from the record before us that there was proof given that defendant made confessions at that time. It is possible that the evidence shows that one or more of the persons indicted and tried with him did.
As to the confessions next referred to, which were made at the preliminary examination, it is only necessary to say that the court, as we understand the record, excluded all the evi-. dence relating to the proceedings upon the preliminary examination and the confessions there made, so i'ar as they
The abstract upon which the case is submitted to us fails to clearly present the evidence. We cannot indulge presumptions of errors on the ground of the confusion in the abstract. Errors must be shown with sufficient clearness, and presumptions must be exercised supporting the rulings of the court.
V. It is argued that the evidence fails to support the verdict. Even upon the abstract liberally construed in defendant’s favor, it cannot be fairly claimed that the verdict is in conflict with the evidence. There is evidence clearly showing the commission of the crime, and defendant is connected with it by proof of circumstances, as well as by his conduct and declarations, upon which the jury may well have found him guilty.
VI. It is lastly urged that the punishment is excessive. But it is not made to so appear to us. The record, to authorize us to diminish punishment, should show with sufficient clearness that it is beyond the demands of justice. It is not so shown in this case. The judgment of the district court must be
Aketrmed.