55 Iowa 258 | Iowa | 1880
In The State v. Painter, 50 Iowa, 317, it was held the opportunity .to have sexual intercourse “ did not constitute the opportunity required to commit the crime of seduction ” upon two grounds: First. Opportunity for intercourse did not constitute the crime, and by way of argument, as applicable to the instruction in that case, it was said in substance the opportunity must be such as to accomplish the intercourse, and also, the use of the seductive means to reach that result. Second. That opportunity to have sexual intercourse did not constitute the required evidence, because as. applied to the evidence in that case a score of other men had the same opportunity, and, therefore, the defendant was not singled out from other men, and that such evidence did not constitute the
Reversed.