Anderson v. State, 31654.

• Decision Date: 11 September 1947
• Docket Number: No. 31654.,31654.
• Citation: 44 S.E.2d 178
• Court: Georgia Court of Appeals
• Parties: ANDERSON . v. STATE.

44 S.E.2d 178

ANDERSON .

v.STATE.

No. 31654.

Court of Appeals of Georgia, Division No. 2.

Sept. 11, 1947.

Syllabus by the Court.

An attempt to commit a crime is an act done with intent to commit it, beyond mere preparation, but falling short of its actual commission.

Error from City Court of Thomasville; J. E. Craigmiles, Judge.

Fred Anderson was convicted of an attempt to commit sodomy and he brings error.

Affirmed.

Fred Anderson was convicted of an attempt to commit sodomy. His motion for new trial, based on the general grounds only, was overruled, and he excepted.

The prosecutrix testified: "On the first Saturday in February, 1947, I saw Fred Anderson down about the corner of Stevens and Jackson Streets. I have been knowing him for ten or twelve years. That was late in the afternoon. He said he would take me home; that he was going to see his aunt near my home. I live out in the country about nine miles. I got in his automobile with him and he drove out of town or a road I did not know but found out it was Fletcher Street or Lester Street. It was about dark when we drove out of town. He drove out to the Boulevard near Finney Hospital, and pulled off of the road on a side road and off that road a few feet and stopped. I asked him what he was stopping for. Then I found out what he wanted. He wanted me to take his privates in my mouth. I would not do that. I was sick and have been sick for a long time. He got out of the car and came around on my side and took me out. He said for me to take his privates in my mouth. I would not do that and he beat me. He beat me with his fists. After he had said for me to take his privates in my mouth and I wouldn't, he beat me two or three times with his fists. After he beat me I do not remember much because he beat me unconscious. I do not know how long I was out there. Some white boys brought me back to town that night and I went home Monday.

"The following Wednesday Fred Anderson and some other folks came out to my home and wanted to settle the case. He offered me $100.00 to drop it. Later thatweek he came again with some other folks. I agreed that if he would give me $225.00 I would drop the case. He agreed to that, but the court would not allow the case to be dismissed. I am no kin to Fred Anderson. His uncle married my mother."

Gus Watt, witness for the State, testified in substance that some high school boys and girls were on a straw ride, and as they were passing the place where the prosecutrix contends the crime was committed, they heard a woman calling and some of them went to her. He stated: "She [prosecutrix] was conscious at least for some of the time, but she could not tell us much about what had happened to her. She had on her clothes. She appeared to have been beaten about the face and was bloody a little. Her clothes were messed up. We brought her in to the hospital. While we were there, getting her up and into our truck, a car drove up on the Boulevard and stopped. Before we could find out who was in that car it drove off again. We never knew who was in that car nor why they stopped." Reece Turrentine and Howard Andrews testified in substance to the same effect.

The defendant denied his guilt, and relied upon an alibi. He introduced other witnesses whose testimony tended to support his alibi.

Sheriff C. M. Dixon, witness for the State, testified in effect that he had talked with the defendant on several occasions before the trial, but the defendant had never mentioned his alibi. He stated: "The first time I ever heard anything about him going to Boston to sit up with sick folks was right here in court when he and his witnesses made that statement."

The jury seemed to have accepted the testimony of the witnesses for the State rather than the statement of the defendant and the testimony of his witnesses, which, of course, they had a right to do.

Jesse J. Gainey, of Thomasville, for plaintiff in...