103 Iowa 50 | Iowa | 1897
-The indictment charges that the offense of which the defendant was convicted was committed on or about the fifteenth day of June, 1895. Gertie Smith, the person alleged to have been seduced, testifies that the offense was accomplished by reason of a promise of marriage, in the latter part of May, 1895, when she was fifteen years of age. She gave birth to a child about the first of March, 1896, and states that she never had sexual intercourse with any one excepting the defendant.
I. There is testimony which tends to show, and the jury was authorized to find, that during the first half of the year 1895 the defendant paid to the prosecutrix considerable attention, frequently being in her company two or three times in a week, waiting upon her to parties, and attending her from church, usually at night, and conducting himself as her suitor. Several witnesses testified that they had heard the defendant say that he had had sexual intercourse with her. The defendant offered evidence to show that, before and at the time of the .alleged seduction, the prosecutrix was
II. The appellant makes numerous complaints in regard to the rulings of the court on the admission of evidence, and of portions of the charge given. The rulings of the court in regard to evidence were, in most •cases, so clearly right that it is not necessary to set them out. If at any time the court erred in excluding evidence offered by the defendant, the error was subsequently corrected, and proper evidence permitted. The charge, so far as it has been called to our attention, was fair to the defendant. The abstract of the defendant shows that he asked- the court to make of record certain statements alleged to have been made by the attorney for the state during the trial, and- in argument to the jury. The court refused t-o do so, on the ground that the alleged statements were not made, and bystanders thereupon made affidavit to the -effect that they were made. If the district court was in error, and-the bystanders wer-e correct as to what was said, we should not be disposed to disturb the judgment of the court -on that ground. It is claimed that the county attorney -denounced- the manner in which the defense had been conducted. If he did ¡so, it was not without reason. Questions, were persistently asked in behalf of the defendant on-cross-examination of witnesses, and at other times, which were so manifestly improper that it is surprising that able and conscientious attorneys -should -have persisted in asking them.
III. We do- not find any ground upon which the judgment of the district court -should be disturbed