State v. Gnagy

• Decision Date: 18 December 1891
• Citation: 50 N.W. 882,84 Iowa 177
• Parties: STATE v. GNAGY.
• Court: Iowa Supreme Court

84 Iowa 177

50 N.W. 882

STATE

v.GNAGY.

Supreme Court of Iowa.

Dec. 18, 1891.

Appeal from district court, Benton county; L. G. KINNE, Judge.

This indictment was found September 6, 1890, and charges the defendant with having, on or about the 15th day of September, 1889, seduced, debauched, and carnally known one Louisa Mealhouse, then an unmarried female of previous chaste character. A verdict of guilty was returned against the defendant, and, his motion for a new trial being overruled, judgment was entered upon the verdict, from which he appealed.J. D. Nichols and Gilchrist & Whipple, for appellant.

John T. Stone, Cato Sells, Co. Atty., and G. W. Burnham, for the State.

GIVEN, J.

1. It appears without contradiction that the defendant, a young man aged 19 or 20, and the prosecutrix, 2 years his junior, became intimate 2 years or more prior to the finding of this indictment, and for more than 18 months immediately prior thereto had repeatedly indulged in sexual intercourse. The prosecutrix testifies that this intimacy was broken off in March, 1889, and continued so until the last of September, 1889, when it was resumed, and continued until December 20, 1889. The defendant testifies that their intimacy continued up to August 18, 1889, when it entirely ceased, and was never afterwards resumed. Appellant contends that, as the first act of sexual intercourse was more than 18 months prior to the finding of the indictment, the action is barred. The claim of the prosecution is that the relation between the parties was entirely broken off in March, 1889; that the prosecutrix reformed, and became again of chaste character; and that in September, 1889, the defendant, by renewed promises of marriage and other seductive arts and promises, again seduced and debauched the prosecutrix. The burden is upon the state to show such reformation, and the contention of appellant is that the evidence fails to show that the prosecutrix did reform and become of chaste character prior to the alleged seduction, in September, 1889. There is evidence tending to show, and from which the jury might properly find, that the relations of these parties were entirely broken off in March, 1889, and that in September following the defendant renewed his visits to the prosecutrix, and their former intimacy was resumed. Except the testimony of two witnesses, there is nothing to show that Louisa Mealhouse was ever guilty of any unchaste conduct with other persons than the defendant. The statements of these two witnesses are so unreasonable and at variance with the way in which persons of the age and experience of Louisa Mealhouse act, and so contradicted, that the jury might very properly disregard them as unworthy of belief. The jury might well find that as to all others than the defendant the prosecutrix bore herself as a chaste girl, and that removed from his influence she became again of chaste character, and continued so until induced by the defendant's arts and promises to again surrender her chastity. The testimony admitting of such a conclusion, there was certainly evidence tending to show reformation and chaste character on and prior to September, 1889; and therefore the question of chaste character at the time of the alleged seduction, in September, 1889, was properly submitted to the jury. State v. Carron, 18 Iowa, 372;State v. Hemm, (Iowa,) 48 N. W. Rep. 971. It is true, as urged, that the testimony of Louisa Mealhouse is not entirely full and plain upon these subjects; but we think the brevity of her answers is accounted for by her age, lack of experience, and imperfect use of the English language. Her testimony is sufficiently explicit to convey a clear understanding of her meaning. It is unnecessary that we follow the discussion of this evidence, or that we state it, further than to show that there was evidence such as required that the question of chaste character should be submitted to the jury, and from which they might properly find that the relations between these parties were broken off in March and resumed in August or September, 1889, and that during that period the prosecutrix had reformed and become again of chaste character.

Appellant further contends that there is no evidence of seduction in September, 1889; that the only condition demanded by the prosecutrix to their resuming their illicit relations was that the defendant should not go with other girls. She does testify that the cause of their disagreement in March was his going with other girls, but she also testifies that they resumed their former relations, not only upon his promise not to go with other girls, but upon his again promising to love her, treat her good, and to marry her. It is urged that the prosecutrix stands uncorroborated as to these statements. Several other witnesses give testimony tending to show that the defendant visited the prosecutrix as a suitor; that his visits ceased in March, and were resumedabout September, 1889, and continued for several months thereafter, he making and she receiving his visits, the same as persons contemplating marriage usually do. Such testimony is...