State v. Barbour

The opinion of the court was delivered by

Harvey, J.:

J. A. Barbour, an osteopathic physician, charged with the murder of W. H. Downey, undersheriff of Brown county, at Hiawatha the night of November 9,1933, was tried and found guilty of murder in the second degree. He has appealed and complains, principally, of the refusal of the trial court to give instructions requested, and of the instructions given. Also some complaint is *201made of the admission in evidence of a dying declaration, and of parts of its contents.

The story of the homicide involves the love affairs of four young people, Doctor…