Legal Opinion

State v. Hagerman

Supreme Court of Iowa

Decided October 20, 1877PublishedCited by 16 opinions

Appeal from Harrison District Court. ■ Indictment for an assault with intent to commit a rape. There was a conviction, and defendant appeals.

1Opinion of the CourtSeevers, J.

l. criminad law: rape: degi-ee oi force, The following instruction was asked by the defendant and refused by the court: “The jury must be satisfied, not only that the prisoner intended to gratify . . . „ , , t . , his passions on the person ot the prosecutrix, but that he intended to do so at all events, notwithstanding any resistance on her part; and if the jury does not so find from the evidence they should acquit.” The evident meaning of this instruction is that before there could be a verdict of guilty the jury must be satisfied “ the prisoner intended to gratify his passions on the…

2Cases cited1 opinion

  1. State v. CrossSupreme Court of Iowa · 1861

3Cited by16 opinions

  1. State v. EllisonNew Mexico Supreme Court · 1914
  2. State v. BaskinSupreme Court of Iowa · 1974
  3. State v. PilcherSupreme Court of Iowa · 1968
  4. People v. FlemingCalifornia Supreme Court · 1892
  5. Stevens v. PeopleIllinois Supreme Court · 1895

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