State v. Donovan
Supreme Court of Iowa
Appeal from Mitohell District CJowt. The defendant was indicted for the crime of adultery, was tried, convicted, and sentenced to imprisonment for two years. He appeals. The material facts appear in the opinion.
1Opinion of the Court
Hat, Ch. J.
1. ADULTERY consent of woman not essential. — I. The person with whom the offense is alleged to have been committed was the sister of the defendant’s wife, fifteen years of age. She testified that : J ° the defendant accomplished the connection with g her by force and against her will. The court instructed the jury as follows: “To constitute the crime of adultery as against the man, the consent of the woman to the carnal intercourse is not indispensable, but the offense may, as against him, exist, though the connection was effected by force and against her will.” The giving of this…
2Cases cited3 opinions
- State v. NorthrupSupreme Court of Iowa · 1878
- State v. SandersSupreme Court of Iowa · 1870
- State v. HenkeSupreme Court of Iowa · 1882
3Cited by41 opinions
- State v. HodgeSupreme Court of Iowa · 1960
- State v. HurdSupreme Court of Iowa · 1897
- State v. PorterOregon Supreme Court · 1897
- State v. BosworthSupreme Court of Iowa · 1915
- State v. FergusonSupreme Court of Iowa · 1937
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