72 Iowa 17 | Iowa | 1887
-The defendant was charged with the seduction of one Eliza A. Wallace. She was at the time of the alleged seduction living witht he defendant’s mother, and the defendant was living in the same family. The prose-cutrix testified that the seduction took place on the night of the 27th of April, 1885, in the house of the defendant’s mother, and in her absence from home; and showed, we think,'that her consent was gained in about five mimites after the first solicitation, and by a promise of marriage made then for the first time. It does not appear that the defendant had ever kept company with her as a suitor, or had sustained any relation to her except such as arose from the fact that she was a member of the family in which the defendant was living.
The position, of the state is that the defendant was not prejudiced by the misstatement; but it appears to us otherwise. The date of the child’s birth is fixed beyond dispute. The usual period of gestation being nine months, the natural inference arising therefrom was that the child was not begotten later than April; and if the jury had believed that the child was begotten in April or earlier, and had believed the
The judgment must be
Reversed.