State v. Atherton
Supreme Court of Iowa
Appeal from Harrison District Court. J The defendant was indicted for the crime of rape, and convicted of an assault with an intent to commit rape, and now appeals to this court.
1Opinion of the CourtAdams, J.
The defendant assigns as error the giving of an instruction which is in these words: “The general proposition of law is very distinct and broad that the will of the woman must oppose the act of intercourse with her, and that any inclination by her favoring the same is fatal to the prosecution ; but if the female is weak in intellect and foolish, and so neglects to oppose the force because she has no intelligent will sufficient to direct her to resist, then the intercourse with her is rape. If, therefore, you find that the defendant Atherton laid hold of the witness, Sarah E. Harper, and had…
2Cases cited2 opinions
- State v. CrossSupreme Court of Iowa · 1861
- McMillan v. B. & M. R. R.Supreme Court of Iowa · 1877
3Cited by23 opinions
- State v. StumpSupreme Court of Iowa · 1963
- State v. BrooksSupreme Court of Iowa · 1917
- Rahke v. StateIndiana Supreme Court · 1907
- People v. MarrsMichigan Supreme Court · 1900
- Smith v. StateSupreme Court of Georgia · 1925
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