State v. Baker

CourtUnited States State Supreme Court of Iowa
Writing for the CourtWEAVER
Citation146 Iowa 612,125 N.W. 659
Decision Date05 April 1910
PartiesSTATE v. BAKER.

146 Iowa 612
125 N.W. 659

STATE
v.
BAKER.d1

Supreme Court of Iowa.

April 5, 1910.


Appeal from District Court, Winneshiek County; A. N. Hobson, Judge.

The defendant, being indicted and convicted upon a charge of adultery, appeals. Affirmed.

[125 N.W. 659]

George W. Adams and E. R. Acres, for appellant.

H. W. Byers, Atty. Gen., and Chas. W. Lyon, Asst. Atty. Gen., for the State.

[125 N.W. 660]


WEAVER, J.

The indictment herein was returned November 19, 1908, and on the same day defendant was arrested and released upon the giving of an appearance bond. On February 3, 1909, the cause being about to be reached for trial, he filed a motion for continuance on the ground of illness and consequent inability to attend court, which motion was supported by his own affidavit and the affidavits or certificates of two physicians. The county attorney objected to a continuance, alleging that the claim of sickness was a sham and fraud, and asked the court to appoint three physicians to visit and examine the defendant and report upon his condition. The physicians supporting the motion were called in and examined under oath. On the following day three physicians under direction of the court examined the defendant at his home, and testified to their opinion that he could attend the trial without serious injury or risk to his health. The motion for continuance was thereupon overruled. On appearing for trial, the court without having forfeited the appearance bond or demanding other or increased bail ordered defendant into the custody of the sheriff. The trial resulted in a verdict of guilty as charged. A motion for a new trial grounded on the insufficiency of the evidence and the alleged error of the court in overruling the motion for a continuance and in ordering the defendant into the custody of the sheriff before verdict and judgment was filed and overruled.

1. Counsel lay but little stress upon the objection to the sufficiency of the evidence. Indeed, there is hardly room for argument on that proposition. While the testimony is largely of a circumstantial character, it nevertheless had a clear and direct tendency to establish the defendant's guilt, and is substantially the same showing on which the conviction of defendant's alleged paramour has already been affirmed by this court. State v. Farrell, 123 N. W. 1018. It is only in rare instances that the charge of adultery can be proven by evidence more direct or convincing than was shown in this case, and, if those guilty of the offense were to be held...

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4 practice notes
  • State v. Starr, No. 2004.
    • United States
    • New Mexico Supreme Court of New Mexico
    • December 31, 1917
    ...feigning sickness.” See, also, to the same effect, Rawlins v. State, 124 Ga. 31, 25 S. E. 1; [173 P. 681] State v. Baker, 146 Iowa, 612, 125 N. W. 659; State v. Lee, 58 S. C. 335, 36 S. E. 706. These authorities clearly sustain our position. It is argued that the court should have continued......
  • State v. Levich, No. 30557.
    • United States
    • United States State Supreme Court of Iowa
    • March 11, 1916
    ...its determination will not be disturbed unless it is clearly shown that there was an abuse of discretion. State v. Baker, 146 Iowa, 612, 125 N. W. 659;State v. Maher, 74 Iowa, 77, 37 N. W. 2. And there are many other cases to the same effect. Under the record, we are of opinion that no abus......
  • Stratton v. Rosenquist
    • United States
    • United States State Supreme Court of North Dakota
    • June 9, 1917
    ...the order was nonappealable. St. Anthony Falls Bank v. Graham, 67 Minn. 318, 69 N. W. 1077;Ripon Hardware Co. v. Haas, 141 Wis. 65, 69, 125 N. W. 659. See, also, Turner v. Crumpton, supra; Houston v. Minneapolis, etc., Ry. Co., supra; Starke v. Wannemacher, supra. Appellant directs our atte......
  • Hoover v. Dickey
    • United States
    • United States State Supreme Court of Iowa
    • April 5, 1910
    ...and take a mortgage for that amount on the land; but she denied that anything had been said in this conversation about including the $400 [125 N.W. 659]judgment in the mortgage. The next day the attorney who represents plaintiff in this action visited Mrs. Dickey, and made some proposition ......
4 cases
  • State v. Starr, No. 2004.
    • United States
    • New Mexico Supreme Court of New Mexico
    • December 31, 1917
    ...feigning sickness.” See, also, to the same effect, Rawlins v. State, 124 Ga. 31, 25 S. E. 1; [173 P. 681] State v. Baker, 146 Iowa, 612, 125 N. W. 659; State v. Lee, 58 S. C. 335, 36 S. E. 706. These authorities clearly sustain our position. It is argued that the court should have continued......
  • State v. Levich, No. 30557.
    • United States
    • United States State Supreme Court of Iowa
    • March 11, 1916
    ...its determination will not be disturbed unless it is clearly shown that there was an abuse of discretion. State v. Baker, 146 Iowa, 612, 125 N. W. 659;State v. Maher, 74 Iowa, 77, 37 N. W. 2. And there are many other cases to the same effect. Under the record, we are of opinion that no abus......
  • Stratton v. Rosenquist
    • United States
    • United States State Supreme Court of North Dakota
    • June 9, 1917
    ...the order was nonappealable. St. Anthony Falls Bank v. Graham, 67 Minn. 318, 69 N. W. 1077;Ripon Hardware Co. v. Haas, 141 Wis. 65, 69, 125 N. W. 659. See, also, Turner v. Crumpton, supra; Houston v. Minneapolis, etc., Ry. Co., supra; Starke v. Wannemacher, supra. Appellant directs our atte......
  • Hoover v. Dickey
    • United States
    • United States State Supreme Court of Iowa
    • April 5, 1910
    ...and take a mortgage for that amount on the land; but she denied that anything had been said in this conversation about including the $400 [125 N.W. 659]judgment in the mortgage. The next day the attorney who represents plaintiff in this action visited Mrs. Dickey, and made some proposition ......

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