151 Iowa 536 | Iowa | 1911
There was evidence tending to show that Miss Mathie Olson, the prosecuting' witness, while alone in her home after dark on the evening of December 16, 1909, had her attention attracted by someone outside calling “Gunder,” that being, the name of her nephew,, who resided about a half mile away; that the person outside, after knocking, forced open the door into the room where the prosecutrix was seated 'beside the stove reading by the light of a lamp, such person being identified as the defendant in this case; that the defendant attempted to shake hands with prosecutrix and offered her a bottle containing liquor, and threw down fifty cents on the table, and then proceeded to warm himself by the stove after taking off his coat, something being said about coffee; that defendant said he could speak only English and Bohemian, while the prosecutrix was only able to converse in Norwegian; that after some time had elapsed defendant, who was a man of about thirty-four years of age, assaulted prosecutrix, who
It has often been held by this court- that under such ■allegations and proof the court should give an instruction as
Finding no error in the record, the judgment is affirmed.