73 Iowa 532 | Iowa | 1887
I. The complainant is a married woman, and the mother of three small children; the youngest of which, at the time the alleged crime was committed, was about nine months old. They resided with her husband at a country place in "Woodbury county, where the husband was engaged in operating a saw-mill. The defendant is an unmarried man, and at present goes by the name oí Fred Ward. He had been living in Woodbury county some two or three years, and for eight months before the alleged crime was committed he had been working in the neighborhood of McGlashen’s saw-mill. Up to the time when he went into that neighborhood his name was Redman. It does not appear for what purpose he changed his name, and it is probably not a material inquiry in the ease. On Sunday afternoon, August 25, 1885, the complaining witness was at home with two of her children. Her husband was away at a neighbor’s house with the oldest child. The defendant came to the house on horseback, tied his horse, and went into the house and had sexual intercourse with the complainant. It is claimed on the part of the state that the defendant assaulted the woman, and that she resisted him, and that the intercourse was effected by force, and against her will. The defendant claimed, and so testified on the trial, that the act was done with the consent of the woman, and for a consideration in money paid to her. Two witnesses testified that they met the defendant as he was going away from the house, and some distance therefrom, and that defendant told them that he had been to McGlashen’s and had sexual intercourse with Mrs. McGlashen. He did not describe the means used to effect it.
The complaining witness, among other things, testified as
It has appeared to us to be proper to set out this testimony, for the reason that complaint is made that the defendant was denied the right to fully cross-examine’ the witness. The witness was cross-examined at- great length. The evident purpose of the examination was to show that she consented to the intercourse. There was not.one word of her cross-examination inconsistent with her testimony as above set out. Objection was made by the state to certain questions in the cross-examination, and complaint is made because the objections were sustained. There is no merit in the objections. The questions were either repetitions of others previously answered, or they were clearly improper. We will give two or three of these questions as examples of others. One was as follows: “You may state any specific act the defendant did in effecting an entrance to your person;” another: “what, if any thing, did the defendant use to effect an entrance to your person?” It is perfectly manifest that these and other kindred questions were improper, in view of the particularity with which the witness had again and again described the alleged assault upon her. We need not further allude to these objections. It appears to us that the defendant was allowed the fullest latitude in the cross-examination of the witness.