Legal Opinion

State v. Neubauer

Supreme Court of Iowa

Decided January 11, 1910PublishedCited by 21 opinions

Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Defendant was indicted for willfully, unlawfully, and feloniously committing lewd, immoral, and lascivious acts upon tlie body and private parts of a male child under the age of thirteen years, to wit, of the age of eleven years, with intent of arousing his own passions and those of said male child, contrary to the provisions of the statute. Code Supp. 1907, section 493’8a.

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Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Defendant was indicted for willfully, unlawfully, and feloniously committing lewd, immoral, and lascivious acts upon tlie body and private parts of a male child under the age of thirteen years, to wit, of the age of eleven years, with intent of arousing his own passions and those of said male child, contrary to the provisions of the statute. Code Supp. 1907, section 493’8a. From a conviction under said charge, the defendant appeals. —

1Opinion of the CourtMcClain, J.

The direct evidence of the commission of the áct. charged was furnished by the testimony of the boy, then twelve years of age, upon whom the offense was charged to have been committed, and certain statements made by defendant to the chief of police and city detective who held the defendant under arrest. There is practically no conflict in the evidence, defendant not having testified as a witness, and the conviction must be sustained, unless some error of law prejudicial to the defendant was committed in rulings on the introduction of evidence or in the instructions" to the jury.

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2Cases cited6 opinions

  1. State v. VanceSupreme Court of Iowa · 1903
  2. State v. StormsSupreme Court of Iowa · 1901
  3. State v. PetersonSupreme Court of Iowa · 1900
  4. State v. CrouchSupreme Court of Iowa · 1906
  5. State v. CarpenterSupreme Court of Iowa · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State v. PlasterSupreme Court of Iowa · 1988
  2. Wood v. United StatesCourt of Appeals for the D.C. Circuit · 1942
  3. State v. CottSupreme Court of Iowa · 1979
  4. State v. HoferSupreme Court of Iowa · 1947
  5. State v. HeinzSupreme Court of Iowa · 1937

16 more not listed; retrieve them via the Exa API.

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