State v. Chaney

• Decision Date: 16 January 1900
• Citation: 81 N.W. 454,110 Iowa 199
• Parties: THE STATE OF IOWA v. MARION CHANEY, Appellant
• Court: Iowa Supreme Court

81 N.W. 454

110 Iowa 199

THE STATE OF IOWA v. MARION CHANEY, Appellant

Supreme Court of Iowa, Des Moines

January 16, 1900

Appeal from Dallas District Court.--HON. JAMES D. GAMBLE, Judge.

DEFENDANT was indicted for the crime of adultery. From a judgment of conviction, he appeals.

Reversed.

White & Clark for appellant.

Milton Remley, Attorney General and Chas. A. Van Vleck, Assistant Attorney General for the State.

WATERMAN J. GRANGER, C. J., not sitting.

OPINION

WATERMAN, J.

The principal ground of complaint is that the verdict has not sufficient support in the evidence. The crime is charged as having been committed with one Agnes West, a married woman. Agnes West had left her husband, some three years before the time of the trial, because of being found in a compromising situation with the hired man. She then went into domestic service in Adel. During a period more than eighteen months prior to the finding of the indictment she worked at a hotel, where defendant was also employed for a time. The two were on very friendly terms, having been long acquainted. They were out together frequently, at nights, until late hours; went driving, and to parties, dances, and to the State Fair; though on some of these occasions they were accompanied by other persons. Their rooms were on the same floor of the building, separated by a hall. One night, very late, the landlady, who slept on the floor below, heard, as she supposes, some one come out of Mrs. West's room, and go into that of defendant. On cross-examination she says that all she is positive of is that some person--she cannot say who--passed through the hall above, and went into defendant's room. With no further light on the matter, it is doubtful if this circumstance should be allowed any weight against defendant. But it is shown that his father was rooming with him at this time, and it does not appear but there were other persons occupying rooms on this floor. On one or more occasions defendant was seen in Mrs. West's room with her, but the door was always left open at such times, and his stay was very brief. Twice Mrs. West was seen in defendant's room when he was there also. On one of these occasions he was ill, and she went to see if his wants were supplied,--first telling the landlady that she intended doing so; and on the other occasion she was making his bed in the morning, as it was her duty to do. This conduct in the hotel occurred, as we have said, more than eighteen months prior to the finding of the indictment, and was admissible only as tending to characterize the intimacy between the parties thereafter. After leaving the hotel, Mrs....