State v. Hoover
Supreme Court of Iowa
Appeal ' from Audubon District Court.— Hon. O. H. Wheeler, Judge. The defendant was indicted for assault with intent to commit rape upon one Lena Peterson. There was a verdict of guilty of simple assault, and from the judgment entered upon said finding he appeals.—
1Opinion of the CourtWeaver, C. J.
I. It is argued in behalf of the appellant that the evidence on part of the State was insufficient to justify the trial court in submitting a charge of assault with intent to commit rape to the finding of the jury. Without 'attempting to rehearse the testimony of the witnesses, we have to say that while the case made by the State in this respect does not seem to have been very strong or conclusive, there was not, in our opinion, such an. entire absence of evidence in support of the charge as to require the court to *19withdraw it from the jury, and this assignment of error cannot therefore be…
2Cases cited6 opinions
- People v. MeadMichigan Supreme Court · 1883
- State v. EgbertSupreme Court of Iowa · 1904
- Hill v. NorthSupreme Court of Vermont · 1861
- Stewart v. AndersonSupreme Court of Iowa · 1900
- Agulino v. N.Y., N.H. H.R.R. Co.Supreme Court of Rhode Island · 1899
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3Cited by2 opinions
- State v. BellSupreme Court of Iowa · 1928
- State v. WoodworthSupreme Court of Iowa · 1914