State v. Kinkade

The errors assigned do not require a description of the alleged acts. Their character as coming within the ban of our statute (section 725.2, Code of 1950) is unquestioned. They were testified to by the child herself, defendant’s stepdaughter, age ten, corroborated in part by her mother’s brother who was an eyewitness from some distance. No serious claim is made that a directed verdict was required. The defendant testified in his own behalf denying the criminal nature of his conduct with his stepdaughter and describing what he claimed did in fact transpire. The sheriff told of admissions made…