140 Iowa 640 | Iowa | 1909
— The female alleged to have been outraged was a deaf mute, some thirty-two years of age, who resided with a brother several miles from Montieello. She walked to that place August 25, 1907, and, according to her story, met defendant Bohn, a stranger to her, on the street. He proposed intercourse, thé meaning of which was not comprehended by her, and the two walked along the street until reaching Hogan’s place, where defendant helped her to the loft of the barn. He then threw her on a platform and effected his purpose, notwithstanding such resistance as she could make, and after the act, called George Hogan and William Haussler, each of whom also had'intercourse with her. Some hours later Hogan overtook her on the way home and again compelled her to submit to his lust. Hogan and Haussler were arrested the same day, but Bohn escaped, and was not taken in custody until September 14, 1907. An indictment was returned on the 28th of that month, in which the State charged that, on or about August 25, 1907, defendant, “in and upon one Emma Earhni, feloniously and violently did make an assault, and her, the said Emma Earhni, then and there violently and against her will feloniously did ravish and carnally know.”
XII. Some other rulings on the admissibility of evidence are criticised, but these are so manifestly correct that discussion is unnecessary. If Lee was not before the grand jury, the record fails to so show, and the ruling on'objection on that ground must be presumed to have been correct. The fifth paragraph of the charge in connection with the fourth and sixth correctly stated the law.
The judgment is affirmed.