State v. Sheets

CourtUnited States State Supreme Court of Iowa
Writing for the CourtSHERWIN
Citation102 N.W. 415,127 Iowa 73
PartiesSTATE v. SHEETS.
Decision Date07 February 1905

127 Iowa 73
102 N.W. 415

STATE
v.
SHEETS.

Supreme Court of Iowa.

Feb. 7, 1905.


Appeal from District Court, Lyon County; William Hutchinson, Judge.

The defendant was convicted of an assault with intent to commit rape, and appeals. Affirmed.

[102 N.W. 416]

W. D. Boise and W. H. Weber, for appellant.

Chas. W. Mullan, Atty. Gen., and Lawrence De Graff, Asst. Atty. Gen., for the State.


SHERWIN, C. J.

The indictment charged that the assault was made on a female child 11 years of age “by force and against her will,” while the evidence conclusively showed that no force was in fact used, and the appellant contends that there was a fatal variance between the indictment and the proof. We have recently decided the point against the appellant's contention, and we need do no more in disposing of it than to call attention to the cases: State v. Scroggs, 123 Iowa, 649, 96 N. W. 723;State v. Anderson (Iowa) 101 N. W. 201.

The allegations of the indictment were insufficient to charge an assault and battery, yet the court submitted that question to the jury, and its action in so doing is assailed. This question was decided adversely to the appellant's contention in State v. Miller (Iowa) 100 N. W. 334. In that case, as in this, the defendant was convicted of the graver charge under an indictment which did not charge an assault and battery, and there was also an instruction submitting the latter offense to the jury; and, while holding that it was error to so charge in the absence of proper allegation in the indictment, we further held that the error was without prejudice, on account of the verdict. We think the rule a just one, and find no sufficient reason for receding therefrom.

There may be cases of this character where the question of an assault with intent to inflict a great bodily injury should be submitted to the jury, but in this case there was no evidence that would have justified the submission of that question. No intent to do a bodily injury, other than that which would naturally follow sexual intercourse with an immature child, was shown; and it is manifest that an injury caused alone by such intercourse would inhere in the graver crime charged, and not be a separate and distinct offense, for which a different punishment might be imposed.

Certain instructions are complained of on the ground that they assumed the truth of matters appearing in the record, and therefore invaded the province of the jury. If these instructions were to be considered alone, there would be merit in the appellant's complaint. But it is a familiar rule that instructions must be...

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14 practice notes
  • State v. Dowell, 5186
    • United States
    • United States State Supreme Court of Idaho
    • April 3, 1929
    ...Viva. The act with Florence in Viva's presence, in a way characterizes his conduct and disposition toward her also. State v. Sheets, 127 Iowa 73, 102 N.W. 415; Proper v. State, 85 Wis. 615, 55 N.W. 1035. "In like manner the testimony was properly received that defendant permitted these youn......
  • State v. Evenson, No. 46826.
    • United States
    • United States State Supreme Court of Iowa
    • November 12, 1946
    ...included offense, and therefore could not have been misled by any error in the instructions with respect thereto.’ See State v. Sheets, 127 Iowa 73, 103 N.W. 415, 416. Therein this court said: ‘The allegations of the indictment were insufficient to charge an assault and battery, yet the cou......
  • State v. Brown, No. 41380.
    • United States
    • United States State Supreme Court of Iowa
    • November 22, 1932
    ...prior decisions. State v. Reilly, 104 Iowa, 13, 73 N. W. 356;State v. Egbert, 125 Iowa, 443, 101 N. W. 191;State v. Sheets, 127 Iowa, 73, 102 N. W. 415;State v. Novak, 151 Iowa, 536, 132 N. W. 26, 27;State v. Harrison, 167 Iowa, 334, 149 N. W. 452;State v. Woodworth, 168 Iowa, 263, 150 N. W......
  • State v. Torrence, No. 51335
    • United States
    • United States State Supreme Court of Iowa
    • December 15, 1964
    ...cases, the matter being largely within the discretion of the trial court. State v. Peterson, 110 Iowa 647, 82 N.W. 329; State v. Sheets, 127 Iowa 73, 102 N.W. 415.' There was no such abuse of discretion in the case at bar as to require reversal. IV. Defendant claims error in overruling obje......
  • Request a trial to view additional results
14 cases
  • State v. Dowell, 5186
    • United States
    • United States State Supreme Court of Idaho
    • April 3, 1929
    ...Viva. The act with Florence in Viva's presence, in a way characterizes his conduct and disposition toward her also. State v. Sheets, 127 Iowa 73, 102 N.W. 415; Proper v. State, 85 Wis. 615, 55 N.W. 1035. "In like manner the testimony was properly received that defendant permitted these youn......
  • State v. Evenson, No. 46826.
    • United States
    • United States State Supreme Court of Iowa
    • November 12, 1946
    ...included offense, and therefore could not have been misled by any error in the instructions with respect thereto.’ See State v. Sheets, 127 Iowa 73, 103 N.W. 415, 416. Therein this court said: ‘The allegations of the indictment were insufficient to charge an assault and battery, yet the cou......
  • State v. Brown, No. 41380.
    • United States
    • United States State Supreme Court of Iowa
    • November 22, 1932
    ...prior decisions. State v. Reilly, 104 Iowa, 13, 73 N. W. 356;State v. Egbert, 125 Iowa, 443, 101 N. W. 191;State v. Sheets, 127 Iowa, 73, 102 N. W. 415;State v. Novak, 151 Iowa, 536, 132 N. W. 26, 27;State v. Harrison, 167 Iowa, 334, 149 N. W. 452;State v. Woodworth, 168 Iowa, 263, 150 N. W......
  • State v. Torrence, No. 51335
    • United States
    • United States State Supreme Court of Iowa
    • December 15, 1964
    ...cases, the matter being largely within the discretion of the trial court. State v. Peterson, 110 Iowa 647, 82 N.W. 329; State v. Sheets, 127 Iowa 73, 102 N.W. 415.' There was no such abuse of discretion in the case at bar as to require reversal. IV. Defendant claims error in overruling obje......
  • Request a trial to view additional results

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