State v. Chapman

• Decision Date: 06 February 1900
• Citation: 81 N.W. 783
• Parties: STATE v. CHAPMAN.
• Court: Iowa Supreme Court

81 N.W. 783

STATE

v.CHAPMAN.

Supreme Court of Iowa.

Feb. 6, 1900.

Appeal from district court, Jones county.

B. H. Miller, for appellant.

Milton Remley, for the State.

PER CURIAM.

The defendant was indicted, tried, and convicted of the crime of breaking and entering a building with intent to then and therein commit a public offense, and from the judgment rendered against him he appeals. The case is submitted upon a partial transcript, showing the indictment, arraignment, plea of not guilty, motion of defendant for continuance, objections thereto by the state, trial, instructions to the jury, verdict, motion for new trial, the overruling of said motion, rendering of judgment, notice of appeal by the defendant, and bill of exceptions. The evidence is not set forth in the transcript. There was no error in overruling the motion for continuance. The grounds of the motion for a new trial are misconduct of counsel in the closing argument, that the verdict is not sustained by sufficient evidence, and that the court erred, in several particulars indicated, in giving instructions and in failing to instruct. As the record before us does not show what the conduct of counsel complained of was, nor the evidence, we cannot say that the court erred in overruling the motion for new trial upon either of these grounds. We have examined the instructions given with much care, and particularly as to the alleged errors indicated in the motion for new trial. We do not discover any error in the instructions given, nor in failing to instruct in the particulars mentioned, nor do we discover any errors in the record; and the judgment of the district court is therefore affirmed.

GRANGER, C. J., not sitting.