179 Iowa 658 | Iowa | 1917
The only error assigned" is as'to the sufficiency of the evidence to sustain the verdict. Appellant argues that the story told by complainant is improbable, because there ,had been no courtship; and that no seductive arts were used as in seduction cases; and that there was no sufficient resistance, and no outcry or complaint after-wards, and no bruises or torn clothing, so as to constitute rape. All these were matters to be taken into consideration by the jury in weighing the testimony. The intercourse could have taken place as she says.
The facts in the Minnesota case are not at all parallel. In that case, the court said: “A very careful study of the record convinces us that the verdict is manifestly and palpably contrary to the great weight of the evidence.” In that case, the defendant was 50 years of age, the father of 8 children, and, at the time alleged, was living in friendly relations with his wife and family. He had for three years been rector- of the Episcopalian church, had been a minister for 23 years, and was a man of good character and standing. The complaining witness was a servant in defendant’s family. The complaining witness testified that the intercourse took place on March 4th, about midnight in her bedroom upstairs. Both the defendant and his wife testified that, on that night, they were in defendant’s bedroom downstairs, with a sick child, until three o’clock in, the morning. It also appeared that, during the time referred to, and for several months imme
It should be said that in this case the testimony shows that the complaining witness had not been keeping company with anyone, except that she was with the defendant three times. The birth of the child was conceded, and that it was within the proper time after the date of the intercourse, as ' testified to by complaining witness! Someone was, of coursé, the father of her child. There is not a suggestion in the record nor in argument that any other person than the defendant is the father of the child.
In the Tomlinson case, supra, a criminal case, wherein defendant was charged with rape, the evidence was not reviewed; but the court said that it was unable to find from her statement that there was any such objection interposed or such force used as to satisfy it that the coition was against her will.
And in the Cassidy case, which was also a criminal case, wherein- the charge was rape, the rule was referred to, as being established in this state, that, in a prosecution for a rape, the fact that a rape was committed may be established by the testimony of the injured party alone; and
We shall not take the time or space to go into the evidence in detail. It appears that complainant was 20 years old, and defendant 24; she was the daughter of a farmer, and lived with her parents on a farm; she quit going to school before she was 13 years old; she had never been out of the county but once, and then with her father;, she was not in the habit of going to dances, and had been to but two parties in five years; she had never kept company with a young man, nor had she ever had a young man come to see her at her home; she had known appellant for some time, having gone to the same school, and .they, were members of the same church. The sexual intercourse is claimed to have taken place October 13, 1914. A child was born July 15, 1915. • She testifies that she was out alone with defendant the first time in September, 1914;. went with him to a party, with defendant and two cousins in an automobile, and came home alone with him. She says:
“Nothing out of the ordinary happened on the road home, but he tried. He held me, and I jumped out of the car and said he should leave me go. I was in the home yard. It was night, about two o’clock. He said he was going to find out what kind of a girl- I was, put. his hands on me,, had his arms around me. When he put his hands on me, I went in the house. About two or three weeks after that, in September, I saw him at a dance. I did not go with him, but with his brother and my cousin. I came home with hin^ alone at that time, a little after midnight, in an auto car. Nothing happened at that time.
As before stated, it is not claimed that she made any. outcry or complaints, or that her clothing was torn, or any circumstances of that kind. A doctor testifies as to the period of gestation. Plaintiff’s mother testifies that she never knew of her daughter’s being in company with any man except defendant; that she .saw her daughter start with defendant to go to the first party before mentioned. Plaintiff’s brother testifies to passing defendant and his sister on the road, and about her getting into the buggy with him. Her father testifies as to some of the matters before referred to.
As said, defendant denies all statements as to familiarities, and denies the intercourse. Several witnesses testify for defendant, as to seeing the parties at the different parties before referred to, and about their
Without going- into the testimony further, it is enough to say that, after a careful examination of the record, we are satisfied that the trial court properly submitted the case to the jury, and that the verdict is sustained by the testimony. This being so, the judgment is — Affirmed.