State v. Neis
Supreme Court of Iowa
Appeal from Keokuk District Court. The defendant was convicted of tlie crime of rape, and sentenced to a term of imprisonment in tlie penitentiary, and from tbis judgment be appeals to this court.
1Opinion of the Court
Reed, T.
On the trial the district court instructed the jury, in effect, that if the evidence showed that the accused was guilty either of rape, or assault with intent to commit rape, or assault and battery, or simple assault, he might be convicted of such offense under the present indictment. It did not instruct them, however, that if they had any reason*470able doubt as to tbe degree of the offense of which he is guilty they should convict only of the lower degree. The charge of the court in this respect is precisely like that given by the district court in State v. Jay, 57 Iowa, 164, and it was…
2Cases cited2 opinions
- State v. WaltersSupreme Court of Iowa · 1877
- State v. JaySupreme Court of Iowa · 1881
3Cited by6 opinions
- McAffee v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- State v. HathawaySupreme Court of Iowa · 1896
- State v. PostonSupreme Court of Iowa · 1925
- State v. HeftSupreme Court of Iowa · 1910
- State v. TaylorSupreme Court of Iowa · 1908
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