Legal Opinion

State v. Wells

Supreme Court of Iowa

Decided June 12, 1878PublishedCited by 17 opinions

Appeal from Polk District Court. The defendant was indicted, tried and convicted for seduction. He was sentenced to imprisonment in the penitentiary for two years, and appeals to this court for a reversal of the judgment against him.

1Opinion of the Court

Rothrock, Ch. J.

I. The court instructed the jury that, “If a man ravish and carnally know a woman by force and against her will, he is guilty of rape, and not seduction.”

It is urged that the verdict is contrary to the evidence,, because the complaining witness testified that the defendant first had criminal intercourse with her by force and against her will. It is true she did so state while testifying as a witness, but again she frequently stated that she was unwilling, but finally yielded to his embraces by reason óf his promises of marriage. Taking all her testimony with the surrounding…

2Cases cited1 opinion

  1. Ande v. StateSupreme Court of Iowa · 1857

3Cited by17 opinions

  1. State v. CurranSupreme Court of Iowa · 1879
  2. State v. ReinheimerSupreme Court of Iowa · 1899
  3. State v. JonesWashington Supreme Court · 1914
  4. State v. McClinticSupreme Court of Iowa · 1887
  5. Miller v. CommonwealthSupreme Court of Virginia · 1929

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