132 Iowa 296 | Iowa | 1906
Even were it to be construed as meaning knowingly or with knowledge there is authority for treating it as surplusage also. 1 Chit, Crim. Law 241; 1 Bishop, Crim. Proc. section 505; Com. v. Squire, 1 Metc. (Mass.) 258. But this we do not determine, as “ feloniously ” in the connection used cannot be so understood and amounted to no more than saying 'the crime charged was a felony. Nor, in the absence of that word, was affirmative proof of knowledge on the part of the State necessary in order to convict. Incest appeared to have been a capital offense in the time of the commonwealth in England, but the statute was not renewed at the Restoration,- and thereafter it was not an indictable offense, the punishment thereof being relegated to the ecclesiastical courts. State v. Keesler, 78 N. C. 469.
her “ call them father and mother frequently,” had heard her call Homer Richardson “ uncle ” frequently, and Mrs. Judd refer to Homer Richardson several times as her brother in the presence of defendant. It is urged that this was not the best evidence. Such proof is in the nature of admissions and not open to this objection. That it was admissible is well established by the authorities. State v. Schaunhurst, 34 Iowa, 547; People v. Jenness, 5 Mich. 305; Morgan v. State, 11 Ala. 289; Bergen v. People, 17 Ill. 426 (65 Am. Dec. 672).
It is also contended that even though admissible the evidence was insufficient to' establish relationship, and, for this reason, the motion to direct a verdict of acquittal at the close of the State’s evidence should have been sustained. Doubtless many persons are addressed as father or mother or uncle who do not sustain that relation. On this account the effect to be given the use of such terms, when applied to particular persons, necessarily depends much upon the surrounding circumstances. The relationship of a daughter, however, may well be inferred from long residence with another whom she habitually addresses as mother and that of uncle from frequent reference to him as such by the accused and of the mother in her presence as brother.
Lastly, appellant insists that the evidence was insuf