132 Iowa 475 | Iowa | 1906
As far as necessary to be stated in the outset, the facts of the offense charged were as follows: John Barhyte, the person upon whom the assault was made, was the keeper of a restaurant in Tabor. In the early evening of Christmas Day, 1905, the defendant entered such restaurant. He was more or less intoxicated, and soon began to make use of profane and indecent language. Barhyte ordered him to leave, and, upon his refusal to do so, took him by the arm, led him to the door, pushed him out- on the steps, and closed the door. Defendant reopened the door, when Barhyte again pushed him out. As Barhyte turned to enter the room defendant stabbed him in the left side with a knife. As described by the attending surgeon, the resulting wound extended from near the edge of the shoulder blade down through and including part of the axillary space under the shoulder, and was about three and one-half inches in length and two inches in depth. The surgeon also testified that, but for the treatment applied, death niight have resulted. After the assault defendant went to the home of his brother in. Tabor where he was found shortly after midnight by the sheriff and arrested. On the trial the fact of the assault was not questioned in evidence; the defense sought to be established being that defendant was so far intoxicated that he did not realize what he was doing. The further facts material to be considered will be noticed as we proceed.
5. Verdict: Judgment V. The verdict'returned was in the following form: “ We, the jury find the defendant, Silas Yates, guiilty as charged in the indictment.” The point is suggested that such verdict did not justify the court in enter-bag judgment against the defendant as for an assault with intent to murder. And this for the reason that the charge specified in the indictment involved a charge of each of the included offenses. Counsel does not argue the point, and we shall dispose of it in brief. The point is made in this court for the first time. But, overlooking that, it appears that the court below submitted forms of verdict to the jury. The first form was that adopted by the jury, and this was followed by separate forms appropriate to a verdict of guilty on each of the included offenses, and naming them. There was then a form for verdict of not guilty. With this state of the record before us the contention is shorn of all force.
6. Sentence. VI. The judgment imposed imprisonment in the penitentiary for a term of eight years, and it is insisted that this is excessive. We do not think so. The assault was committed with a knife having the appearance of a hunting knife, and it was not only wholly unprovoked but altogether brutal. The circumstances thereof indicated that defendant was a man of vicious character, and altogether regardless of the sanctity of human life. He may be thankful that he was not called upon to face the more serious charge of murder. In view of the record we decline to interfere.
Finding no error, and the judgment having our approval, it is affirmed.