State v. Chapman
Decision Date | 18 May 1893 |
Citation | 55 N.W. 489,88 Iowa 254 |
Parties | STATE v. CHAPMAN. |
Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Black Hawk county; John J. Ney, Judge.
Indictment for rape. Verdict for an assault with intent to commit a rape. The defendant appealed.Hemenway & Grundy, for appellant.
John Y. Stone, Atty. Gen., and Thos. A. Cheshire, for the State.
The prosecuting witness is one Bina Mork, who was at the time of the alleged offense about 19 years of age. The following statement of facts, as disclosed by her testimony, we take from the argument of appellee: The only corroboration relied upon, as stated by the district court in its instructions, is that of two witnesses who testified that they saw defendant and the prosecuting witness together on the track of the Illinois Central Railway at the time of which she testified. They saw nothing more. They did not see them leave the track, nor give a word of testimony corroborating the complainant, except that defendant was with her on the track. There is nothing in such testimony tending to connect him with the offense. Nothing in their testimony shows the parties out of the sight of others, so that there was really...
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......Upon a trial the jury found him guilty and fixed his punishment at confinement in the State prison for ten years. The errors relied on for reversal are (1) that Ruth Smith was not shown to be an idiot; (2) that the testimony ...We have examined the cases of the State v. McCool, 53 Washington, 487, State v. Chapman, 88 Iowa 254, People v. Kearney, 110 N. Y. 188, People v. Page, 162 N. Y., 272, and find that none of them are pertinent to the case in hand, as all ......
- State v. Chapman