187 Iowa 794 | Iowa | 1919
Evidence of the general reputation of the parties named for chastity, both before and after they engaged in the business of keeping a house of ill fame, was admissible, as bearing upon the character of the place kept by them. Whether evidence tending to show -the general reputation of Addie Zornes for chastity prior to the time she engaged in the business charged could be considered upon the question of defendant’s purpose in going to the place would depend upon whether he had knowledge thereof. Some evidence from which the jury might infer that defendant knew the character of Addie Zornes, before she moved into the
IV. The court in its nineteenth instruction stated to the jury that:
Had the instruction closed at this point, defendant would have had no cause to complain thereof, but it continued :
“Her testimony is to be tested by the same rules that are applicable to other witnesses and other testimony, and such testimony should be considered in connection with all the other testimony submitted to the jury, and should be given such weight by the jury as you think it is entitled to, and no more.”
Section 4613 of the Code provides that:
“A witness may be interrogated as to his previous conviction for a felony. But no other proof is competent, except the record thereof.”
See Hackett v. Freeman & Graves, 103 Iowa 296; Palmer v. Cedar Rapids & M. R. Co., 113 Iowa 442; State v. Carter, 121 Iowa 135; State v. Loser, 132 Iowa 419; State v. Foxton, 166 Iowa 181; State v. Concord, 172 Iowa 467.
It is probable that the court, in giving the portion of the instruction last quoted had in mind that, except for the weight to be given to the evidence of her prior conviction of a felony, her testimony should be tried and tested by the same rules as that of other witnesses. It is very doubtful whether the instruction made this clear to the jury. If the weight and credibility of the testimony of a witness who is shown to have been convicted of' a felony is to be judged by the same rules as that of other witnesses
“The county attorney may in writing, with the consent of the board of supervisors, appoint one or more practicing attorneys, who are residents of his county, as his assistants. * * * In any county, with the approval of the judge of the district court, he may procure such assistants in the trial of a person charged with felony as he shall deem necessary and such assistants * * * shall be allowed a reasonable compensation therefor, to be fixed by the board of supervisors.”
Whether McGinnis was a regular assistant appointed
The defendant, in explanation of the purpose for which the visits admitted by him were made, testified that he held the office of constable, and went there at the request of the landlord, to collect some past-due rent, and that this was
VII. It is also insisted by counsel for appellant that the evidence is insufficient to sustain g conviction. In view of a probable retrial of the case, we refrain from discussing this question, or expressing an opinion thereon. For the reasons indicated, the judgment of the court below is reversed, and the cause remanded to the district court of