98 Iowa 101 | Iowa | 1896
III. * It is contended that the court erred in refusing to give certain instructions asked by the defendant. Without setting forth these instructions, it may be said that, so far as they embraced the law and were applicable to the facts of the case, they were covered fully by, the charge of the court.
Y. It is insisted that the court, in the eleventh instruction, assumed that the prosecutrix was corroborated. It is not open to that construction, and is in all respects fair and unobjectionable.
YI. It is said that the evidence of the prosecutrix is not corroborated, as the statute requires; that the verdict is contrary to the evidence; and that an alibi was established by the defendant. As, for the error heretofore mentioned, the cause must be reversed, it is not proper for us to discuss the weight of the evidence, as on another trial it may not be the same.
For the error of the court in permitting the jury to separate, against the objections of the defendant, the judgment below must be reversed.