State v. Blunt
| Decision Date | 05 October 1882 |
| Citation | 59 Iowa 468,13 N.W. 427 |
| Parties | STATE OF IOWA v. BLUNT. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Floyd district conrt.
The defendant was tried in the court below under an indictment for an assault with intent to commit a rape, and was convicted. He appeals.J. S. Root, for appellant.
Smith McPherson, Atty. Gen., for the State.
1. When the complainant was on the stand as a witness she identified the defendant as the person who committed the assault upon her. It is claimed that the judgment should be reversed because the district attorney, before the witness answered the question, whether she could see defendant in the court-room, pointed him out to her. Affidavits have been submitted on both sides as to what occurred at that time, and if what is certified by the court, and sworn to by others on the part of the state, is true, there was no improper action by the district attorney. Even if he did point out the defendant to the witness, we are not prepared to say that the judgment should be reversed for that reason. Of course, the testimony of the witness as to the identity of the defendant would be very much weakened by such conduct on the part of the prosecutor; but of that the jury could judge.
2. The evidence which by a suspension of the rule has been submitted to us upon the transcript is somewhat voluminous. We have read and examined it with care, and, without detailing the facts sworn to by the witnesses, will say that in our opinion there is no escape from the conclusion that the defendant committed an outrageous assault upon the prosecutrix.
3. The defendant relied upon an alibi as his defense. The court, in its instructions to the jury, after properly explaining this defense and the rules of law governing it, stated that, “it is recognized in the law that the defense of alibi is one easily manufactured, and jurors are generally and properly advised by the courts to scan the proofs of an alibi with care and caution.” It is urged that this instruction is erroneous. We think the court, in giving this caution did no more than was proper. That the proposision is correct there can be no doubt. It accords with the observation of every one of experience in criminal trials. Besides, there can be no prejudice in cautioning the jury to closely and carefully scan the proof in every case. In this case, in the very same connection, the court advised the jury that a charge of this crime is one easily made, hard to be...
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Johnson v. Bennett
... 414 F.2d 50 (1969) ... Gale H. JOHNSON, Appellant, ... John E. BENNETT, Warden, Iowa State Penitentiary, Appellee ... No. 18744 ... United States Court of Appeals Eighth Circuit ... July 17, 1969. Ronald L. Carlson, ... 3, p. 416 (3d ed. 1940) ... 6 See State v. Blunt, 59 Iowa 468, 13 N.W. 427, 428 (1882); State v. Rowland, supra; State v. Watson, supra; State v. Worthen, supra; State v. Concord, 172 Iowa 467, 154 ... ...
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State v. Wrenn
... ... to it as it would seem to you entitled to receive." ... No ... cases are cited by appellant as to the alleged impropriety of ... such an instruction. It has been approved in many cases ... State v. Rowland, 72 Iowa 327, 33 N.W. 137; ... State v. Blunt, 59 Iowa 468, 13 N.W. 427; State ... v. Watson, 102 Iowa 651, 72 N.W. 283; State v ... Worthen, 124 Iowa 408, 100 N.W. 330; State v ... Concord, 172 Iowa 467, 154 N.W. 763; State v ... Menilla, 177 Iowa 283; State v. Carey, 188 Iowa ... 1308, 177 N.W. 522 ... ...
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State v. Wrenn
... ... No cases are cited by appellant as to the alleged impropriety of such an instruction. It has been approved in many cases. State v. Rowland, 72 Iowa, 327, 33 N. W. 137;State v. Blunt, 59 Iowa, 468, 13 N. W. 427;State v. Watson, 102 Iowa, 651, 72 N. W. 283;State v. Worthen, 124 Iowa, 408, 100 N. W. 330;State v. Concord, 172 Iowa, 467, 154 N. W. 763;State v. Minella, 177 Iowa, 283, 158 N. W. 645;State v. Carey, 188 Iowa, 1308, 177 N. W. 522, 528. [5] Another objection to the ... ...
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State v. Menilla
... ... improperly disparages the defense of self-defense. So far as ... instructing on alibi is concerned, this court permits that ... disparagement which the cases cited by appellant condemn. See ... State v. Rowland, 72 Iowa 327, 33 N.W. 137; ... State v. Blunt, 59 Iowa 468, 13 N.W. 427; State ... v. Worthen, 124 Iowa 408, 100 N.W. 330 ... The ... State urges that McIntosh v. State (Ind.), 151 Ind ... 251, 51 N.E. 354, completely sustains the instruction here ... complained of. We think that, in so far as it does this, it ... ...