66 Iowa 333 | Iowa | 1885
The rule in criminal actions, we believe, is, that the flight must be immediately after the accusation is made. It need not be instantly, but soon afterwards, so that it can be said that the flight was caused by the accusation. As we understand the record, Roswell Hopkins testified that he married the plaintiff on the seventh day of August, 1882, and that about three months thereafter he charged the defendant with being the father of her unborn child. This is the-only evidence we are able to find which tends to show that the defendant was charged with the seduction of the- plaintiff. It is true, there were rumors in the neighborhood possibly to that effect; but there is no evidence tending to show that he had knowledge of such rumors, unless it should be so infer
Y. The following instruction was given to the jury:
It will be observed that the jury were told that if they found the facts stated in the instructions to be true, then the defendant was guilty of seducing the plaintiff, as a matter of law. It is not claimed that her seduction was accomplished by means of a promise of marriage, but that other seductive- arts were used, and promises made, and thereby such result was accomplished. In so instructing the jury the court erred. It may be true, where the séduction is .accomplished by means of a promise o±' marriage, if the ;parties were competent to so contract, that the jury should ¡be instructed, if they found that such promise had been ¡made and relied on, that the defendant was guilty. But in .this case we think the sufficiency of the promises made and ¡arts used to accomplish the seduction was a fact to be found .by the jury,, and could not legally be determined by' the ¡court.
> The foregoing views determine, we believe, the material ■errors discussed by counsel, and the result is that the judgment of the circuit court must be
Reversed,.