125 Iowa 715 | Iowa | 1904
It is said the indictment does not charge that any one saw the indecent exhibition, or that it was made with the intent that any one should see it, or that the exposure was made under circumstances when it was possible that any one should see it, or that it was in public, or without the consent of the woman named. It is also said that the allegations may be literally true, and yet the appellant and the woman may have been miles apart, and may have been ignorant of one another’s presence upon the public road; that defendant may have been entirely alone, or the alleged exhibition may have been in the darkness of night and without evil intent. It is to be conceded that, if this indictment
We find no error in the instructions given by the court. It was the theory of the defense that at the time of the alleged offense defendant was so badly intoxicated as to be incapable of a criminal intent. The instruction given upon this point is perhaps not so full as is ordinarily given, but we think it substantially embodies the rule as approved by this court. State v. Donovan, 61 Iowa, 369; State v. Conners, 95 Iowa, 485; State v. Desmond, 109 Iowa, 72; State v. Pasnau; 118 Iowa, 501.
Without further prolonging the discussion, we have to say that after a careful examination of the entire record we find no prejudicial error, and the judgment of the district court is affirmed.