Legal Opinion

State v. Lewis

Supreme Court of Iowa

Decided June 10, 1878PublishedCited by 5 opinions

Appeal from Howa/rd District Court. The defendant was indicted, tried, convicted and sentenced 'for the crime of seduction, and appeals to this court for a reversal of the judgment against him.

1Opinion of the Court

Eothrock, Ch. J.

1. criminal law: seduction:force. I. The complaining witness testified that the defendant had sexual intercourse with her on two occasions — once on the night of the 7th of Octo- . ber, 1875, and agam m two weeks after tliat time. She stated that on both occasions she resisted the defendant all she could and he overpowered her.

The defendant asked the court to instruct the jury as follows : “If the intercourse was against the will of complainant, and accomplished by force, then the offense charged is not established and you must acquit.” This instruction was refused. We think…

2Cited by5 opinions

  1. Barnes v. StateCourt of Criminal Appeals of Texas · 1897
  2. Marshall v. TaylorCalifornia Supreme Court · 1893
  3. Carlisle v. StateMississippi Supreme Court · 1895
  4. State v. ShearWisconsin Supreme Court · 1881
  5. State v. CarterWashington Supreme Court · 1894

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