83 Iowa 186 | Iowa | 1891
If credence is to be given to tbe testimony of tbe plaintiff tbe defendant committed an outrageous assault upon her in her own bouse, and struck her twice with a horsewhip, and used violent and indecent language to her. She and her husband lived in a bouse wbicb they rented from tbe defendant, and she claims tbat tbe defendant’s ostensible purpose in visiting tbe bouse was to collect rent. She claimed tbat at tbe time of tbe assault she was pregnant, and tbat tbe abuse of tbe defendant produced an abortion, and injured her health to so great a degree as to render her unable to perform tbe labor wbicb before tbat time she was-accustomed to do. Tbe defendant, in bis testimony, denied tbat be made any assault upon tbe plaintiff, and denied tbat be was at or near tbe bouse of tbe plaintiff at the time when tbe alleged assault was committed. In other words be relied upon an alibi. He was corroborated by other witnesses to some extent as to bis whereabouts on tbe day of tbe alleged assault. We are asked to reverse tbe judgment because it is not supported by tbe evidence. We bave stated enough of tbe
IY. The defendant complains of the court’s-instructions to the jury. We have carefully examined these alleged errors, and our conclusion is that they ought not to be the subject of objection. When considered in connection with the appellee’s abstract of the-pleadings it appears that there was no prejudice to the-defendant in any part of the charge to the jury.
Tbe judgment of tbe district court is aeeirmed.