167 Iowa 109 | Iowa | 1914
The defendant was indicted, charged with having committed the crime of rape upon one Marcella Fuhrman, a female child under fifteen years of age. Upon this charge, the defendant was tried to a jury and convicted and sentenced to the penitentiary, as provided by the statute. The defendant, having appealed, challenges the sufficiency of the evidence to justify the conviction, and complains of the in-, structions given by the court to the jury upon the trial. The defendant pleaded not guilty to the indictment, denied having any intercourse with the girl, alleging that he was impotent and. incapable of having connection. . .
It appears that the defendant was a colored man, fifty-four years of age; that he resided in Dubuque; that little girls ranging from thirteen to fourteen years of age frequently visited his home, among whom was Marcella; that in his home he furnished beer; that they drank beer together, the defendant and these little girls; that they danced in his rooms; that often he was clothed only in his night robes; that these little girls stayed at his home often until 2 or 3 o ’clock; that some of them stayed all night, and that in one instance two of these little girls under fifteen years of age slept with defendant; that he solicited these other little girls to have intercourse with him; that they claimed they refused; that he indulged frequently in disgusting familiarity with these children in his home.
The court submitted to the jury only the offense charged and that of assault with intent to commit rape. All done was with the consent of the prosecutrix, and, unless defendant was guilty of one of the above crimes, he was entitled to an acquittal. An omission to charge the jury concerning an offense of a lower degree, included in that alleged, of which there is no evidence, is not error — citing State v. Casford, 76 Iowa, 332; State v. Beabout, 100 Iowa, 162; and State v. Cater, 100 Iowa, 504.
Some complaint is made of the wording of certain other instructions given by the court. We think there is no merit in the criticism. These were cautionary instructions, given by the court in the interest of a fair and impartial trial, and we think in no way prejudicial to the interests or rights of the defendant.
We are satisfied, from the whole record, that defendant had a fair and impartial trial, and no error was committed by the court, and the judgment ought tó be and is — Affirmed.