State v. Jones

(dissenting) — I respectfully dissent from Division I of the foregoing opinion. I think the only logical conclusion to be drawn from our cases on statutory rape is that the court should have submitted to the jury the included offense of assault with intent to commit incest. Such offense is necessarily included within every charge of incest against a man where the prosecutrix is not an accomplice. This court is committed to the doctrine that incest may be committed without the consent of the other party. State v. Mentzer, 230 Iowa 804, 806, 298 N. W. 893, 894, and cases cited; State v.…