State v. Jonas
State v. Jonas
Opinion of the Court
The defendant was convicted of the crime of rape, and prosecutes this appeal from the judgment and sentence of the court. Insufficiency of the evidence to justify the verdict is the only error assigned. The appellant contends that the testimony of the female raped was not corroborated as required by the act of March 15th, 1907, Laws of 1907, page 396- That act provides as follows:
“No conviction shall be had for the offense of rape, or seduction, in this state upon the testimony of the female raped, or seduced, unless it is corroborated by such other evidence as tends to convict the defendant of the commission of the offense.”
It is probably true, as contended by the appellant, that some of the testimony above alluded to, while generally referred to as corroborative in this class of cases, is not such within the meaning of this statute, or at least is not sufficient corroboration. It has often been held that mere proof of acquaintance and opportunity will not satisfy the requirements of such a law. The testimony of the physician tended in no way to connect the appellant with the crime charged, and perhaps would not be sufficient corroboration under ordinary circumstances. The injured female cannot corroborate herself, and therefore her uncorroborated testimony as to other acts of intercourse does not tend to corroborate her as to the particular act charged, within the meaning of the law. But we think that the testimony tending to show that the appellant
While the admissions or confessions did not expressly refer to the particular act upon which the state relied for a conviction, they did not in terms exclude that act. They certainly tended to convict appellant of the particular offense charged, and that is all the .law requires. Andrew v. State, 5 Iowa 389; State v. Forsythe, 99 Iowa 1, 68 N. W. 446; Crozier v. People, 1 Parker Crim. Rep. (N. Y.) 153; Wigmore, Evidence, § 2061.
There is no merit in the contention that the complaining witness did not testify to acts constituting the crime of rape on the 18th day of December. While she did not detail what occurred that night, she did, in effect, by reference to what transpired on another occasion.
We find no error in the record and the judgment of conviction is accordingly affirmed.
Hadley, C. J., Dunbar, Crow, Mount, Fullerton, and Root, JJ., concur.
Reference
- Full Case Name
- The State of Washington v. John F. Jonas
- Cited By
- 7 cases
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- Published
- Syllabus
- Rape — -Evidence—Cobbobobation—Sufficiency. There is sufficient corroborative evidence, within Laws 1907, p. 896, requiring a prosecutrix for rape to be corroborated by evidence which “tends to convict the defendant of the commission of the offense,” where, in addition to evidence of similar acts during several years, circumstances and conditions showing opportunity at the time in question, and testimony of a physician establishing the fact of intercourse for a considerable period, it appeared that the defendant advised his wife to induce the prosecuting witness to leave the state, and his admissions showed that he had often taken liberties with the person of the prosecutrix.