Bryson v. State
| Decision Date | 05 June 1953 |
| Citation | 31 Beeler 313,259 S.W.2d 535,195 Tenn. 313 |
| Parties | BRYSON et al. v. STATE 31 Beeler 313, 195 Tenn. 313, 259 S.W.2d 535 |
| Court | Tennessee Supreme Court |
William A. Shoaf, Covington, for defendants.
Knox Bigham, Asst. Atty. Gen., for the State.
The three defendants were convicted under two indictments charging rape, with ten year sentence in each case.
Patsy Patrick, fifteen years old at the time of the alleged offense, testified that on the night of October 28, 1950, she was in a moving picture show with friends when Reba Smith, one of the defendants came up and asked her to accompany her to the car to take a package. These two girls went to the car, which was parked about two blocks from the picture show, and there they found Bobby Bryson and Franklin Gray. Reba talked to the two boys and the three then approached Patsy. The boys seized her and led her to the grammar school lot about two blocks from the parking lot. Patsy testified that she was taken to a bush near the schoolhouse and thrown to the ground; that Bryson held her while Gray raped her and then Gray held her while Bryson raped her. Patsy testified that Reba told her it would be best to let the boys do as they wished, that there was nothing Patsy could do about it. Patsy further testified that after the offense occurred, she returned to the picture show and got her brother-in-law; that the two went to the courthouse and reported the offense to some deputies; that she then returned to her home and told her mother about what had happened.
The mother testified that the girl was upset and cried all night and that her underclothing was dirty and appeared to be stained with blood.
Some time later during the night, Patsy was taken to a Dr. Rule at his clinic for examination.
The witness Barton testified that about 10:30 on the night of the alleged assault he saw Patsy going from the direction of the parking lot towards the picture show and she appeared to be crying.
All the defendants denied their guilt. According to the testimony of Reba Smith, Patsy came to her in the theater and tried to get her to go out to meet Milford Gray and that Reba suggested they go walking, and the two girls did so with the two boys. Reba testified that after they had walked some distance, Patsy said she saw some one she knew and immediately left the three defendants.
At the time of the trial, Reba Smith was married to Bobby Bryson. Several months before her marriage she had given birth to a child by Bryson.
Dr. Rule testified that when he examined Patsy on the night of the alleged offense, he found no evidence indicating she had been raped. However, in rebuttal, witnesses who heard him testify before the county judge stated that on that occasion he made statements indicating that the girl had been raped. Among these rebuttal witnesses was Judge Bringle, County Judge, who testified that at the time he thought he had authority to try these defendants as juveniles. He testified at the hearing before him that Dr. Rule testified his examination showed that there was a slight torn place in Patsy's vagina near or at the hymen that indicated that it was of recent origin and that the hymen had been ruptured.
The principal assignment of error goes to the sufficiency...
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Stewart v. State
...of rape as an Aider and Abettor or as an Accessory before the Fact under Section 39--107 though 39--110 T.C.A. and see Bryson v. State (195 Tenn. 313) 259 S.W.2d 535. 'The argument that only a female can be the victim of rape is academic in so far as this case is concerned but in passing th......