166 Iowa 326 | Iowa | 1914
All held in the third paragraph of the opinion heretofore filed was that there was no error in giving the twenty-first instruction saying (1) that voluntary intoxication
It needs hardly to be said that if a drunken man takes the life of another, unaccompanied by circumstances of provocation or justification, the jury will be warranted in finding the
The question is whether the killing was from a provoca-' tion given at the time, or from previous malice. Evidence of the prisoner’s having been too drunk to carry malice may be admitted. And the consideration is not to be withheld from the jury, that his drunkenness may render more weighty the presumption of his having yielded to the provocation, rather than to previous malice, because of the fact that a drunken man’s passions are more easily aroused than a sober one’s.
This much has been said to indicate when and for what purpose evidence of intoxication may be considered in deter
The petition for rehearing is overruled, as is also the application for reduction of sentence.