104 Iowa 19 | Iowa | 1897
The case was called for trial; a jury was impaneled; and a witness sw'orn in behalf of the state. Thedefendant at that time objected to the offering of testimony, on the alleged ground that the indictment did not charge the crime of incest, nor any other crime, under the statutes of this state. The objection wais sustained, and we infer that subsequent rulings of the court were also based upon the theory that the indictment did not charge a crime.
Numerous .authorities have been cited which are claimed to support the theory that the court erred in sustaining the objection to the introduction of evidence, but they are from other states, and our decision in this case rests upon the statutes of this state. The objection made by the defendant has been spoken of as a demurrer to evidence, but, while intended to exclude evidence, the ruling which sustained it was based upon the conclusion of the court that, whatever the evidence might be, it could not authorize a conviction, because no crime for which a conviction could be had was charged by the indictment. The effect of what was done was to adjudge that the indictment was insufficient in that it did not charge the commission of a crime.