132 Iowa 675 | Iowa | 1906
The deceased was the wife of the defendant. The State relied for a conviction upon circumstantial evidence, and one of the circumstances was that defendant held a policy of insurance on the life wife. It was conceded that a policy had heen payable to defendant as beneficiary, and that such policy was in his possession at the time of the death of his wife. A. B. Shrimplin, agent of the insurance company, as a witness for the State, testified to the issuance of the policy, and the giving of a premium note in consideration thereof, and that subsequent to the death of Mrs. Woodard he returned such premium note to defendant, and took up the policy. Without objection the witness further stated that as far as he knew the policy was in force from the time of its issuance until it was taken up. On cross-examination the witness was asked if at some time he had not been notified by his company that the policy was void. To this an objection was interposed and sustained, and the ruling is assigned as error. As the ruling was put upon the express ground that the question was not limited to the time before the death of Mrs. Woodard we think there was no error. If the subject-matter was of any materiality whatsoever, it was of no moment to inquire what attitude the company assumed after the death of the insured; and, following the ruling, counsel did not see fit to limit his question to conform thereto.
That the first ground of contention is untenable becomes apparent upon a moment’s reflection. It was in no sense material to the issue to prove that the policy was a valid and subsisting obligation on the part of the insurer at the date of death. The subject of such policy became important only as related to the question of motive. To establish motive it was not required that the fact or state of facts involved should be proven. Belief on the part of defendant in the existence of such fact was alone essential. If therefore the defendant believed that the policy on the life of his wife was in force it was sufficient for the purposes of the case What we have already said respecting the state of the record is sufficient to make it clear that the question' of the belief of defendant respecting the validity of the policy was an open one and hence proper to be submitted to the jury. It may be added that the portion of the instruction quoted above was followed by the statement that if
Other errors assigned have been examined and found to be without merit.
The judgment must be, and it is, affirmed.