79 Iowa 703 | Iowa | 1890
3 ____.gub. anTreiusaf1' of marriage, III. Other errors are complained of which we need not determine, as they will not probably arise upon a new trial. But it is proper to say that we think that during the trial too much importance was attached to the fact that at one time, after the alleged seduction, the prosecutrix refused to marry the defendant. This refusal is fully explained by her as being born of her remorse in having surrendered her virtue to the defendant. It is well to bear in mind that the crime upon the part of the defendant was complete if he seduced the prosecutrix, and led her away from the paths of virtue, and that he accomplished his purpose by a promise of marriage. The subsequent correspondence between the parties, and their subsequent acts and conduct, are competent evidence as bearing upon the question of,seduction, and that only. If the prosecutrix at one time refused to marry the defendant, the refusal would be evidence upon the question whether she intended to marry him when the criminal intercourse took, place. And the same may be said with reference to the alleged willingness of the defendant to marry the prosecutrix. It is to be remembered that this is a criminal prosecution, and not a civil action, for seduction. The statute (Code, sec. 3868) provides that “if before judgment upon an indictment the defendant marry the woman thus seduced, it is a bar to any further prosecution for the offense.” The mere willingness of the defendant to marry the woman is no bar. It may be a proper fact to be considered upon the question as to whether the woman was really seduced, or to be presented to the court at the proper time, in mitigation of punishment. For the errors above pointed out the judgment of the district court is Revebsed.