109 Iowa 641 | Iowa | 1899
Defendant, on tbe day set for tbe trial made application for a continuance over tbe term, on tbe ground tbat a material witness subpoenaed by bim bad
II. 'One Hoagland, a witness for tbe state, testified to seeing in tbe room of prosecutrix a letter to her which purported to be signed by defendant. He was allowed to state
III. Tbe seventh paragraph of tbe court’s charge is not accurately worded. It is open to the objection tbat it authorizes tbe jury to find tbe corroborative facts necessary to make out this offense in tbe testimony of tbe pros-ecutrix,
Of the remaining errors, some are without merit, ánd the others are not likely to again arise. As a matter of precaution, however, we may suggest that more latitude should have been allowed in the cross-examination of the witnesses O’Brien and Fitzgerald. A new trial will be ordered, and the judgment reversed.