141 Iowa 524 | Iowa | 1909
The accused was the pastor of the Norwegian Lutheran Church at Belmont. His wife was away on a visit, and while in Des Moines he employed Senna Oldund to do his housework, stipulating to pay her railroad fare to Belmont and $4 per week for her services. They reached that place in the afternoon of April 12, 1906, and she was assigned to the east room of the upper story of the house, to which her trunk was taken. After the evening meal, which she had prepared, defendant’s son departed with a neighbor’s boy to stay at the latter’s home over night. Prosecutrix completed her work and
Appellant relies somewhat on People v. McKeon, 64 Hun, 504 (19 N. Y. Supp. 486), wherein the accused attempted to escape from jail, in which he was confined on two charges; the court holding evidence thereof should have been excluded on the ground that it was impossible to say which offense he was trying to avoid. The decision was by an intermediate court, and, as we think, is unsound. Such evidence should be received subject to explanation, and the jury allowed to determine, in view of all the circumstances, the weight it is entitled to receive.
There was no error in the rulings on the admissibility of evidence, and the material allegations of the crime were stated with sufficient clearness to the jury.- — • Affirmed.