State v. Thomas
Supreme Court of Iowa
Appeal from, Floyd District Court. v The indictment in this case contains two counts. In the first the defendant is charged with having committed rape upon one Electa Thomas; in the second he is charged with having had carnal knowledge of one Electa Thomas, his daughter, and it is stated that the matters and things charged in the second count are the same transaction charged in the first count.
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Appeal from, Floyd District Court. v The indictment in this case contains two counts. In the first the defendant is charged with having committed rape upon one Electa Thomas; in the second he is charged with having had carnal knowledge of one Electa Thomas, his daughter, and it is stated that the matters and things charged in the second count are the same transaction charged in the first count. The defendant demurred to the indictment on the ground that it charges two distinct offenses, rape. and incest, and is, accordingly, bad for duplicity. The court overruled the demurrer and the…
1Opinion of the Court
Adams, Ch. J.
i. cBiimiAi, pound offense: rape and incest. Section 4030 of the Code provides that, “ if any persons within, the prohibited degrees * * * * carnally know each other, they Shall be deemed guilty of incest.” The second count of the in- ** , . , . .. dictment, wmcli is the count m question, does not charge that the defendant and Electa Thomas carnally knew each other. It merely charges that the defendant had carnal knowledge of Electa Thomas, his daughter. It was assumed, however, by counsel and by the court below that the count was sufficient to charge incest, and it is that alone…
2Cases cited2 opinions
- White v. WhiteCourt of Appeals of Kentucky · 1859
- Cook v. BertramMichigan Supreme Court · 1877
3Cited by15 opinions
- State v. HameySupreme Court of Missouri · 1902
- Porath v. StateWisconsin Supreme Court · 1895
- State v. HurdSupreme Court of Iowa · 1897
- Signs v. StateCourt of Criminal Appeals of Oklahoma · 1926
- State v. EllisSupreme Court of Missouri · 1881
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