109 Iowa 130 | Iowa | 1899
I. The defendant’s first contention is that the indictment is defective, in that it does not set forth the manner of administering the drag, nor sufficiently describe
II. Defendant next contends that the evidence does not show “an administering of the drug.” It shows that for some time immediately prior to the matters charged the defendant and Martha Man* were intimate; that he frequently visited her at places where she was living, distant from where he lived; and that they indulged in sexual intercourse, which resulted in her becoming pregnant. It shows that it was arranged between them that the defendant should procure and send fo her by mail a drug that would produce a miscarriage, and which she was to take for that purpose. The defendant procured a drug called “ergot,” which, if taken in sufficient quantity by'a pregnant-woman, will produce miscarriage, and sent it to Martha Man* by mail. She received the drug, and took two doses, but not in sufficient quantity to produce the intended result. It is argued that, to administer the drug,
III. The defendant and Martha residing in different places during their intimacy, bad considerable correspondence through the mail. The letters received by her were properly identified and introduced in ovidcnco by the state. No notice was served upon the defendant to produce the letters received by him from Martha Man*. The defendant complains that the prosecutrix was permitted to testify over bis objection to part of the contents of some of the letters written by her, upon tbe ground that the proper foundation bad not been laid for admitting this secondary evidence. In ruling upon the objection the court said: “The objection is overruled, because the letter is in the possession of the defendant, and the defendant is present in court, by his counsel, and does not present the letter himself, and he cannot be required to produce it; lienee the witness is permitted to- state the contents.”
IV. The court, in the ninth instruction, used this language: “Evidence lias been admitted before you, both written and oral, as to declarations made by the defendant to the prosecuting witness, in which there is reference made to the use by the said prosecuting witness of a ‘writer/ which was explained by the prosecuting witness asi meaning a lead pencil which the prosecuting witness claims was given to her by the defendant with the instruction to use the same for the
Y. Defendant insists that the court erred in refusing instruction 1 asked by the defendant, and argues that “it was defendant’s right to have the attention of the jury called to the improbability of his intending to produce a miscarriage, when the drug administered- in the quantity shown could not by any possibility have produced any effect whatever.” There
What we have said fully disposes of all the claims made in argument, and leads to the conclusion that the defendant had a fair and impartial trial, that the judgment of the district court is correct, and that it should be affirmed.