State v. Gregory

• Decision Date: 07 July 1910
• Citation: State v. Gregory, 148 Iowa 152, 126 N.W. 1109 (Iowa 1910)
• Parties: STATE v. GREGORY.
• Court: Iowa Supreme Court

148 Iowa 152

126 N.W. 1109

STATE

v.GREGORY.

Supreme Court of Iowa.

July 7, 1910.

Appeal from District Court, Polk County; James A. Howe, Judge.

Defendant was indicted for the crime of rape.Upon trial to a jury he was convicted of an assault with intent to commit rape, and appeals.Affirmed.S. B. Allen, for appellant.

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

DEEMER, C. J.

Defendant is accused of having committed the crime of rape upon the prosecuting witness, Edith Otto, a girl under the age of 15 years.Three matters are relied upon for a reversal:

First.It is insisted that two of the state's witnesses were so young and immature that their testimony should not have been received.One of these witnesses was 13 and the other 11 years of age.Both the county attorney and the presiding judge examined these witnesses as to competency and the trial court concluded that their testimony should be admitted.In this there was no error.In such matters the trial court has a large discretion, and there was no abuse thereof in this case.State v. Todd, 110 Iowa, 631, 82 N. W. 322;State v. Crouch, 130 Iowa, 478, 107 N. W. 173;State v. Meyer, 135 Iowa, 507, 113 N. W. 322, 124 Am. St. Rep. 291.

Second.It is argued that there is not sufficient corroborating testimony tending to connect defendant with the commission of the offense.In our opinion there was ample --rather more than is usual in such cases.For obvious reasons, there is no need for setting it out in extenso.

Third.Edith Otto was a witness for the state, and, in order to impeach her, the defendant produced a witness to whom the following questions were propounded: “Do you know what the general reputation of Edith Otto is in the neighborhood where she resides as to her character or was in March, 1909?(Objected to as incompetent, irrelevant, immaterial, and improper in form.Sustained.Defendant excepted.)Do you know what the general reputation of Edith Otto in the neighborhood where she resides is as to her character?(Objected to as incompetent, irrelevant, immaterial, and improper.Sustained and excepted to by the defendant.)Do you know what the general reputation of Edith Otto was about March 3, 1909, in the neighborhood where she resided at that time?(Objected to as incompetent, irrelevant, immaterial, and improper.Sustained and excepted to by the defendant.)”The trial court made rulings on objections thereto as shown.

Section 4614 of the Code provides: “The general moral...