Mallett v. Beale
Supreme Court of Iowa
Appeal from Marshall Circuit Court. It is averred in the petition “ that while the plaintiff was in her home in Gilman, in said county, engaged in domestic affairs, on the twelfth day of February, 1881, during the absence of.her husband, she was willfully, wickedly and violently assaulted in a hostile manner by the defendant, who did then and there sieze hold of plaintiff by the hands, arms and body, agains't her will, and did unlawfully push and thrust plaintiff against the…
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Appeal from Marshall Circuit Court. It is averred in the petition “ that while the plaintiff was in her home in Gilman, in said county, engaged in domestic affairs, on the twelfth day of February, 1881, during the absence of.her husband, she was willfully, wickedly and violently assaulted in a hostile manner by the defendant, who did then and there sieze hold of plaintiff by the hands, arms and body, agains't her will, and did unlawfully push and thrust plaintiff against the door, house and room, with the intent and purpose of committing the crime of adultery with this plaintiff, and with…
1Opinion of the CourtNotebook, J.
I. The jury were fully warranted in finding from the evidence that the defendant went into the plaintiff’s *72house, and, in the absence of her husband, seized hold of her person, and that she resisted him, and that he, against her will, used considerable violence towards her, by holding her and pushing her, and that the object defendant had in view was to have sexual intercourse with the plaintiff. That this conduct was assault and battery by defendant there can be no question. A number of exceptions were taken to the rulings of the court on the admission and exclusion of evidence. These…
2Cited by1 opinion
- Fleming ex rel. Fleming v. LoughrenSupreme Court of Iowa · 1908