State v. Kyne
Supreme Court of Iowa
Appeal from Lyon District Court. — Hon. Scott M. Ladd, Judge.. The defendant was indicted for rape, was found guilty of an assault with intent to commit rape and sentenced to be confined in the penitentiary for the term of three years and six months. He appeals.
1Opinion of the CourtKinne, J.
1. rape: evistruotions to jury' • I. The indictment charged the defendant with having committed the crime of rape. The. prosecuting witness testified in response to a question by the court that there was no penetration of her person. The defendant testified that he had connection with her with her consent, and by mutual agreement. The testimony showed without conflict that all of the essential elements of the crime of rape had not been proven. The court, however, submitted to the jury the question of the defendant’s guilt of the crime of rape, and also instructed them as to the lesser crimes…
2Cases cited15 opinions
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
- State v. TweedySupreme Court of Iowa · 1860
- Wood v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
- State v. BoyleSupreme Court of Iowa · 1870
- Murphy v. C., R. I. & P. R. R.Supreme Court of Iowa · 1874
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. CarnagySupreme Court of Iowa · 1898
- State v. SharpeSupreme Court of Iowa · 1981
- State v. DesmondSupreme Court of Iowa · 1899
- State v. EgbertSupreme Court of Iowa · 1904
- State v. JohnsonSupreme Court of Iowa · 1936
12 more not listed; retrieve them via the Exa API.