Supreme Court of Iowa December 9, 1859 (State v. Gibbons)

Woodward, J.

The first assignment of error is the refusal of the court to give the sixth' special instruction asked by the defendant.

The defendant requested the following instruction: “ That this being a case of circumstantial evidence, the jury cannot legally find that the fracture of Donahoe’s skull was caused by an injury inflicted by the defendant, unless [they find, that there is no