50 Iowa 317 | Iowa | 1879
I. Certain letters claimed to have been written by the defendant to the prosecutrix were introduced in evidence by the State for the purpose of corroborating the prosecutrix. Whether these letters or some of them were written by the defendant was a controverted question before both the court and jury. Sufficient proof for that purpose having been made, the court permitted the letters to go to the jury as evidence, and instructed them as follows:
“If you believe from all the evidence before you, and from dhe subject-matter of the letters, that any letters in evidence
Taking this instruction as a whole, we think the court took from the jury the question as to the authorship of the letters. It is true they were told that if they found any of the letters were forged,. or written without the knowledge of the defendant, he was not responsible for the contents of such. This, however, is followed by the direction that, inasmuch as the letters have been admitted in evidence, they are to 'consider them just as they would any other evidence, or that of a witness testifying on the stand, giving thereto such weight as they believed them entitled to; and the instruction concludes as follows: “So these letters are before you, and you are the judges of their weight and value as evidence to
II. The jury were also instructed as follows:
Under this instruction the jury were warranted in finding that mere opportunity to have sexual intercourse and acquaintance were sufficient as corroborative evidence. The opportunity to have sexual intercourse does not, -we think, constitute the opportunity required to commit the crime of seduction. Sexual intercourse does not constitute the crime. Seductive means must be used to accomplish the intercourse, and the •opportunity must be sufficient for such purpose.
The evidence must tend to connect the defendant with the commission of the offense. It must point or single him out from other men. If acquaintance and opportunity constitute the corroborative evidence required by the statute, it may with safety be asserted that there are a‘score or more of men who •could have been charged and convicted with as much projn'iety as the defendant. The corroborative evidence referred to in the instruction would have been just as applicable, at least, to many of the male acquaintances of the prosecutrix as to the defendant. Something more than this is required. State v. Danforth, 48 Iowa, 43.
If there were a promise of marriage, the birth of a child, the defendant a constant visitor, etc., in addition to opportunity, it would be sufficient, as was held in State v. Wells, 48, Iowa, 671. The character of the offense is such that other'
Reversed.