73 Iowa 663 | Iowa | 1887
It is contended by counsel for the defendant that there is no evidence which sufficiently corroborates the prosecutrix, and which tends to connect the defendant with the offense; but we think the evidence is clearly sufficient in this respect. The jury were fully warranted in finding that what the defendant said to Mason had reference to the prosecuting witness, and that he had sexual intercourse with her. It is true, there is no corroborative evidence that he used any seductive arts, or that the seduction was accomplished under a promise of marriage. Such evidence cannot usually be obtained. Evidence of the use of seductive arts, other than that of the prosecutrix, cannot usually be obtained more easily and readily than the fact of sexual intercourse; and this is true in most cases as to a promise of marriage. Eor a time, at least, if the promise precedes the seduction, it is usually known to the parties only. The fact that the parties kept company together, and acted as lovers usually do, and other circumstances, are regarded as sufficient as corroborating evidence tending to connect the defendant with the offense. (State v. Wells, 48 Iowa, 671.)
IY. The nineteenth paragraph of the charge is as follows: “If a witness has testified whose general reputation for truth and veracity has been successfully impeached., you have a right, if you think proper, to disregard such testimony wholly or partially, as you think the necessity of the case may require or admit; but whether or not such witness has been successfully impeached you are to determine by all the facts in the case, and in determining whether or not the testimony of a witness has been successfully impeached, you must take all the testimony introduced to impeach and sustain the character of such witness, and from the evidence determine what weight, if any, you will give to the testi
It is urged that the verdict is not sustained by the evidence, but we cannot disturb it on this ground. We have read the evidence, and think the jury could well find as they did. It is true, there is evidence tending to show that the prosecutrix was not of chaste character. Its sufficiency, as well as the credit to be given to the witnesses who testified in relation thereto, ■was the province of the jury to determine. So, as to the time the seduction took place, and as to the alibi.
The judgment of the district court is
Affirmed.