147 Iowa 636 | Iowa | 1910
The offense charged is alleged to have been committed in Sioux City on February 23, 1910. The prosecutrix was thirteen years of age and the defendant was thirty-three years of age. They met for the first time upon the streets of Sioux City on the evening of that day, and within a few minutds after such meeting they went to the private lodgings of the defendant,- whére the prosecutrix stayed all night. Hp to this point the facts are undisputed. Hnder the testimony of the prosecutrix the crime was committed at such time and place. Hnder the testimony of the defendant, he admits meeting the prosecutrix as a stranger and taking her to his lodgings, and that she occupied the same, but he claims that he left her there, and sought other lodgings for himself.
Par. 8. You will notice from the foregoing statute that it is immaterial as to what the previous character of the female was or what her prior conduct has been, for, as you observe, the law absolutely prohibits the- having of sexual intercourse with a female under the age of fifteen years; but you are to consider all the testimony that has been offered and introduced before you touching her previous character and conduct as bearing upon the, credibility of her testimony and the reasonableness of the story which she tells, and give it such weight and credit as you believe it is fairly and reasonably entitled to under all the facts and circumstances and evidence submitted to you.
In a previous instruction, the court had recited the provisions of the statute as applied to the offense charged in the indictment. In instructions 2 and 3 the court set forth the material allegations of the indictment, and charged the jury that the burden was upon the state to prove every one beyond a reasonable doubt. One of such material allegations specifically recited by the court was “that the said Florence Ward was then and there a female child .under the age of fifteen years.” This charge was emphasized by repetition in instruction 7. Instruction 8 was properly explanatory of the statute, and was in no sense inconsistent with the previous instructions here referred to.
The judgment below must therefore be affirmed.