State v. Milholland

• Decision Date: 04 October 1893
• Citation: 56 N.W. 403,89 Iowa 5
• Parties: STATE v. MILHOLLAND.
• Court: Iowa Supreme Court

89 Iowa 5

56 N.W. 403

STATE

v.MILHOLLAND.

Supreme Court of Iowa.

Oct. 4, 1893.

Appeal from district court, Dubuque county; Fred O'Donnell, Judge.

The defendant was indicted, tried, and convicted of the crime of manslaughter. The substance of the charge is that on June 21, 1892, in Dubuque county, Iowa, the defendant did willfully, feloniously, and of his malice aforethought, by force and violence, and against the will of Francis Mulqueeny, throw said Mulqueeny into a slough of water, by reason of which said Mulqueeny was drowned. Defendant's motion in arrest of judgment was overruled, and judgment entered that he be committed to the State Industrial School at Eldora for the period of four years. Defendant appeals.W. J. Cantillon, for appellant.

John Y. Stone, Atty. Gen., and M. C. Mathews, for the State.

GIVEN, J.

1. The evidence shows without conflict that on the day named the defendant, then over 13 years of age, the deceased, aged 10, and another 10 year old boy named Rudolph, went to bathe in a slough or pond of water. They went upon a lumber raft, where defendant and deceased undressed,and went into the water, deceased holding to the raft, and defendant swimming around. After defendant had been in the water he returned to the raft, where deceased was, and seized and threw him into the water, so that he sank, and was drowned. When defendant caught hold of deceased to throw him in the water, deceased resisted by catching hold of some shingles, and called to let him go, and not to throw him in. “Milholland grabbed his hands loose, and put one hand round his back, the other hand round his legs, and threw him in.” When defendant saw that deceased did not rise to the surface he said “Poor little fellow; poor little boy; poor little Frankie;” and called to other boys near by, to know if they could dive. There is no evidence that defendant was actuated by anger or ill will. The boys were friends, and acting in the most friendly way towards each other up to the moment that defendant seized the deceased to throw him in the water. The only conflict in the evidence is this: The boy Rudolph testifies that immediately after this happened defendant said he would give him five dollars, would treat every time he had money, and would let no one in the hollow hit him if he would not tell. Defendant, in his testimony, denies that he said these things on the raft, but says it was about a month after that he offered him five dollars. Defendant...