44 Iowa 82 | Iowa | 1876
“Upon an indictment for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the offense, if punishable by indictment. In all other cases the defendant may be found guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment.” Code, sections 4465-6. These sections fully cover the ease. Rape cannot be committed "without an assault; nor can it be committed without an intent to commit it. The offense of rape necessarily includes an assault with intent to commit a rape.
X. It is claimed that the verdict is not sustained by the testimony. The prosecuting witness testifies positively to the commission of the offense. Whether she was sufficiently corroborated by the admissions of the accused, was properly submitted to the jury. We do not feel warranted in disturbing their finding. Where it is clearly shown that the assault was made bj' the prisoner, with intent to commit the offense, the jury may convict of the assault, though not satisfied that at the time he accomplished his purpose there was such want of consent as to constitute the higher crime. State v. Cross, 12 Iowa, 66.
■ The record discloses ho sufficient ground for disturbing the judgment.
Affirmed.