Legal Opinion

State v. Tarr

Supreme Court of Iowa

Decided January 6, 1869PublishedCited by 17 opinions

Appeal from General Term, Sixth District ( Washington County). Defendant was indicted, tried and convicted of tbe crime of rape, in the District Court, and, this judgment being affirmed by the General Term, he now appeals to this court. The sentence was imprisonment in the penitentiary for fifteen years.

1Opinion of the CourtWright, J.

1. CKiamrAi, latv: rape. The errors relied on question the sufficiency of the evidence to warrant the verdict, and the action of the court in giving and refusing cerfcain instructions.

The testimony shows that the prosecutrix was, at the time of the commission of the offense, about sixteen years of age, of good size and usual health, but weak intellect. Her father testified that she “ was of very weak mind, and could not talk so as to be understood.” She was occasionally sent on errands to nearest neighbors, but “ was not capable of taking care of, nor of even dressing, herself.” “Had fits…

2Cases cited2 opinions

  1. Crosswell v. PeopleMichigan Supreme Court · 1865
  2. State v. TomlinsonSupreme Court of Iowa · 1860

3Cited by17 opinions

  1. People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
  2. State v. CarnagySupreme Court of Iowa · 1898
  3. Gore v. StateSupreme Court of Georgia · 1904
  4. Murphy v. StateIndiana Supreme Court · 1889
  5. State v. WilliamsSupreme Court of Missouri · 1899

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