43 Iowa 183 | Iowa | 1876
I. The plaintiff proved the speaking of the words alleged. Upon the part of the defendant it was proved that plaintiff was married on the 28th day of October, 1871, and that she was delivered of a child on the 8th day of April, 1872. It was also proved that she had sexual intercourse with Edward Sheehey on the 18th day of October, 1871. There was also evidence tending to show that plaintiff made an indecent exposure of her person, and otherwise conducted herself in a licentious manner.
Plaintiff in rebuttal testified that, at the time she had sexual intercourse with Edward Sheehey, they were engaged to be married, which w^as also the case at the time her child was begotten. The plaintiff also introduced about thirty witnesses who testified that before her marriage her reputation for chastity was good, and that her pregnancy was the only thing they ever heard against her chastity.
The court gave twenty-nine instructions, none of which were excepted to at the time they were given. One of the grounds of the motion for a new trial is that the court erred in each instruction given to the jury; but no ground of objection to the instructions given is stated. No question as to these instructions is properly presented for our determination. Code, Section 2789. This, however, is immaterial, as the question discussed has been saved by an • exception to the refusal to give instructions asked. The principal question presented arises upon the refusal of the court to instruct the jury as follows: “If you find from the evidence that the
II. The defendant assigns as error the permitting pf the plaintiff to prove her good reputation for chastity. ¥e think, though not without some doubt, that this action of the court was correct
The judgment of the court below is
Affirmed.