State v. Donovan
Supreme Court of Iowa
Appeal from, Harclin District Court. Defendant was convicted of an assault witb intent to commit a rape, and sentenced to five years imprisonment in the penitentiary; he now appeals to this court.
1Opinion of the CourtBeck, J.
i. criminal practice • erroneous remark of judge. — I. The evidence clearly shows the assault committed by the defendant upon the prosecutrix. But there was evidence tending to show that defendant was <-J drunk at the time. During the trial, upon an ° x offer of evidence tending to show defendant’s condition, the court remarked, in the presence of the jury, refer*370ring to the evidence: “If you offer it as a defense, I think it immaterial, because I shall tell (instruct) the jury that drunkenness is more of an aggravation than an excuse.” No explanation of this remark was made to the jury. We…
2Cited by27 opinions
- State v. WilsonSupreme Court of Iowa · 1943
- Dorsey v. StateSupreme Court of Georgia · 1899
- State v. LightfootSupreme Court of Iowa · 1899
- State v. DesmondSupreme Court of Iowa · 1899
- State v. WilsonSupreme Court of Iowa · 1913
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