State v. Holoubek

Defendant was convicted of ravishing and cai'nally knowing a female, Janice Lee, by force and against her will, and has appealed therefrom.

Appellant assigns six alleged errors which may be placed in four groups: (1) Error in instructions. (2) Error in not directing a verdict for defendant. (3) Excessive sentence. (4) Error in reception of testimony.

I. As above-stated, defendant-appellant was convicted *111of violation of section 698.1, Code of 1950. He was sentenced to a term of not to e'xceed forty years in tbe Iowa State Penitentiary. Was such excessive?

Section 698.1, Code of 1950, provides for…