State v. Newton
Supreme Court of Iowa
Appeal from, Eeohuh District Court. The defendant was convicted upon an indictment charging an offense in the following language: “That on etc., at etc., the defendant upon one Jernsha A. L., a female child under the age of......years, to-wit: seven-years of age, did feloniously make an assatilt with intent the said Jerusha A. L. feloniously to ravish and carnally know by force and against her will.” From a judgment upon such conviction defendant appeals to this court.
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Appeal from, Eeohuh District Court. The defendant was convicted upon an indictment charging an offense in the following language: “That on etc., at etc., the defendant upon one Jernsha A. L., a female child under the age of......years, to-wit: seven-years of age, did feloniously make an assatilt with intent the said Jerusha A. L. feloniously to ravish and carnally know by force and against her will.” From a judgment upon such conviction defendant appeals to this court. The facts of the case involved in the points ruled in the opinion appear therein.
1Opinion of the CourtBeck, J.
I. Evidence having been introduced supporting the indictment, the court gave the following instructions to the jury:
“1. The statute provides: ‘If any person ravish and car*46nally know any female of the age of ten years or more by force and against her will, or carnally know and abuse any female under the age-of ten years, he shall be punished,’ etc., and this is the statutory definition of the crime of rape under our Code. The statute further provides: ‘If any person assault a female with intent to commit a rape, he shall be punished.’
“ 2. Under the indictment in this case the first question…
2Cited by30 opinions
- People v. RobyMichigan Supreme Court · 1884
- State v. CarnagySupreme Court of Iowa · 1898
- State v. FetterlyWashington Supreme Court · 1903
- State v. RobySupreme Court of Iowa · 1922
- State v. HouxSupreme Court of Missouri · 1891
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