95 Iowa 566 | Iowa | 1895
The indictment charges that defendant, on the twenty-sixth day of July, 1893, in and upon the person of one Edna Means, a female child then and there under the age of thirteen years, to-wit, six years, ■did make an assault, with intent her, the said Means, to carnally know and' abuse, and her, the said Edna Means, then and there feloniously and carnally did know and abuse.
A witness was permitted to testify as to what the mother of the prosecutrix told her she had said to one Stiger, an attorney for the defendant, about allowing him (Stiger) to send a physician down to examine the little girl. This was done upon re-examination of the witness, and related to a conversation called out on cross-examination. There was no error in this.
A witness was asked about the prosecuting witness having romped and frolicked with other children in the evening after the crime is said to have been committed. The court erroneously sustained an objection
Other errors are complained of in the admission and rejection of testimony. We have considered them all, and discovered no prejudicial error.
YI. Lastly, it is insisted that the verdict is not sustained by the evidence. We have carefully gone over the entire record, and are fully satisfied that there is sufficient testimony to sustain the verdict returned. We will not attempt to set out those portions of it which we believe to be sufficient. It is sufficient to say that, if the jury believed the prosecutrix, an unwarranted and indecent assault was made upon her by the