State v. Sheets
Supreme Court of Iowa
Appeal from Lyon District Court. — HoN. William Hutoh- . INSON, Judge. The defendant was convicted of an assault with intent to commit rape, and appeals.
1Opinion of the CourtSherwin, C. J.
1. Rape: assault; variance. The indictment charged that the assault was made on a female child eleven years of age “ by force and against her will,” while the evidence conclusively showed that no' force was in fact used, and the ' appellant contends that there was a fatal variance between the indictment and the proof. We have recently decided the point against the appellant’s contention, and we need do no more in disposing of it than to call attem tion to the cases: State v. Scroggs, 123 Iowa, 649; State v. Anderson, 125 Iowa, 501.
2. Included offenses: submission. The allegations of the»…
2Cases cited6 opinions
- State v. VanceSupreme Court of Iowa · 1903
- State v. WaltersSupreme Court of Iowa · 1877
- State v. DesmondSupreme Court of Iowa · 1899
- State v. MillerSupreme Court of Iowa · 1904
- State v. ScroggsSupreme Court of Iowa · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. WeaverSupreme Court of Iowa · 1918
- State v. DowellIdaho Supreme Court · 1929
- State v. ShtemmeSupreme Court of Minnesota · 1916
- United States v. Theodore Jay GanoCourt of Appeals for the Tenth Circuit · 1977
- State v. EvensonSupreme Court of Iowa · 1946
7 more not listed; retrieve them via the Exa API.