State v. Hussey
Supreme Court of Iowa
Appeal from, the Henry District Court. The defendant was indicted for unlawfully, and against her will, defiling one Nancy Kerr, by force, menace and duress. To the indictment, there was a demurrer: First Because it did not show the person defiled, to be a female; and, second. Because upon its face, it showed the offense to have been committed more than one year before the finding. This demurrer was overruled.
Read the full summary
Appeal from, the Henry District Court. The defendant was indicted for unlawfully, and against her will, defiling one Nancy Kerr, by force, menace and duress. To the indictment, there was a demurrer: First Because it did not show the person defiled, to be a female; and, second. Because upon its face, it showed the offense to have been committed more than one year before the finding. This demurrer was overruled. Upon the trial, certain testimony was introduced by the state, to which defendant excepted. Defendant was convicted, and appeals.
1Opinion of the Court
"Wright, C. J.-
-The demurrer was properly overruled. It is true that the indictment does not aver, in so many words, that the said Nancy Kerr is a female. Nor is this necessary, if, upon an examination of all the language employed, the sex of the person defiled is sufficiently shown. The indictment does sufficiently and clearly show this. And while it would be better, in such cases, to charge expressly the sex, yet the omission of such averment will not vitiate, if the same thing appears from all that is stated by the pleader.
The objection that the prosecution • was barred by the statute of…
2Cited by13 opinions
- State v. GroomeSupreme Court of Iowa · 1860
- State v. WhalenSupreme Court of Iowa · 1896
- Barker v. StateSupreme Court of Florida · 1898
- Tillson v. StateSupreme Court of Kansas · 1883
- State v. DeitrickSupreme Court of Iowa · 1879
8 more not listed; retrieve them via the Exa API.