97 Iowa 440 | Iowa | 1896
eighth day of April, 1895, and the defendant was not put upon his trial until the fifteenth. More than four days had elapsed, after the giving of the notice, before the trial was commenced. Moreover, the two witnesses referred to in the notice, were not used by the state. The conduct of the court, with reference to its assignment of cases, was not erroneous. It appears that it assigned the cases with an eye to an orderly and timely disposition of the business of the term, and its discretion in this regard cannot be interfered with.
III. It is argued that the prosecuting witness was not of previously chaste character, at the time the seduction is said to have taken place. There is a conflict in the evidence on this proposition, and the case is such that we cannot interfere with the finding of the jury.
IY. Complaint is made of the conduct of counsel for the state, in his argument to the jury. It is
V. Certain of the instructions are complained of, because, it is said, that under them the jury might have found the defendant guilty, even though the prosecutrix was of unchaste character. We do not so understand them. One of the instructions complained of (the sixth), expressly says that they, upon proof of certain essential facts, should find the defendant guilty, unless you (the jury) find the prosecutrix was not of previous chaste character.” Another (the fifth), in defining the crime, sayS that the woman must be of previous chaste character. We see no error in the instructions given.
YI. The defendant asked two instructions, each of which was refused, and of this he complains. The second one asked, does not state a correct rule of law, and was properly refused. The first, in so far as it announced the law, was given by the court in its charge. The instruction is quite similar to the one refused by the trial court in the case of State v. Hemm, which came to this court on appeal, and is reported in 82 Iowa, 609 (48 N. W. Rep. 971). We held in that case, that the action of the trial court was correct.
YII. Defendant filed a motion for a new trial, based, among other things, upon newly discovered evidence. The motion' was overruled, and in this there was no error. The witness whose testimony, it was claimed, was newly discovered, was, at the request of defendant, ordered subpoenaed at the expense of the state. In addition to this, it affirmatively appears that defendant knew that the witness whose testimony, he claims, is newly discovered, saw the prosecutrix at the time the witness claims there was