State v. Decklotts
Supreme Court of Iowa
Appeal from Linn District Court. Murder: implied malice: requisites of murder: DEGREES of: PERSONAL PRESENCE OF DEFENDANT ON TRIAL. — The defendant was indicted and tried for the murder of one Daniel Clark Akers. Plea: Not guilty. Yerdict: Guilty of murder in the second degree. Judgment : Sixteen years in the penitentiary of the State. Defendant appeals. The errors assigned, and the facts, so far as material, will be found in the opinion.
1Opinion of the CourtDillon, J.
LjArfrííwmanee, I. It is claimed by the defendant, that the court erred in giving the seventh, eighth, ninth, fifteenth and sixteenth instructions to the jury, defining malice.. The seventh instruction asserted that malice did not, in such a ease as this, “necessarily mean spite or hatred, although these elements may exist; but it means the doing of an act, wrongful in itself, without just cause or excuse.”
*449The eighth instruction' defined express malice, to which there is no objection. In reference to implied malice, it laid down, among other propositions, the following: “hence, when one…
2Cases cited2 opinions
- State v. GillickSupreme Court of Iowa · 1858
- State v. VanceSupreme Court of Iowa · 1864
3Cited by31 opinions
- State v. HoferSupreme Court of Iowa · 1947
- Davis v. StateNebraska Supreme Court · 1897
- State v. HeinzSupreme Court of Iowa · 1937
- State v. RutledgeSupreme Court of Iowa · 1951
- State v. MorphySupreme Court of Iowa · 1871
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