Franey v. People
| Decision Date | 23 June 1904 |
| Citation | 210 Ill. 206,71 N.E. 443 |
| Parties | FRANEY v. PEOPLE. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Livingston County; Geo. W. Patton, Judge.
Robert Franey was convicted of an assault with intent to rape, and brings error. Reversed.
R. S. McIlduff, T. F. Donovan, and T. W. Shields, for plaintiff in error.
H. J. Hamlin, Atty. Gen., and A. C. Ball, State's Atty., for the State.
Plaintiff in error was convicted in the circuit court of Livingston county of an assault upon Essie Gimpel, with intent to commit rape, and was sentenced to confinement in the penitentiary.
The following facts proved at the trial were not in dispute: On July 13, 1903, Essie Gimpel, who was about 17 1/2 years old, and had been married 3 months, lived with her husband, Chris Gimpel, in a farmhouse facing north, 3 or 4 rods from a road running east and west, and several rods from a road running north and south. On that morning, at about half past 6, the defendant, Robert Franey, came to the house to help Chris Gimpel put up hay, but they concluded not to work at the hay, and defendant left; going along the road in the direction of his brother Michael's place, where he lived, about half a mile east. One of the hired men took a team and went across the road to plow corn in a field northeast of the house, and the other hired man went to another field, south of the house, with a mower, to cut hay. There was a potato patch about 40 rods from the house, north of a pasture lot across the road, and Chris Gimpel went there about 8 o'clock to dig potatoes for dinner. The house was on the corner near the two public roads, and Chris Gimpel and the two hired men were all in sight from the house. He and the man who was plowing were in sight from the house. It was clalmed on the part of the people that while Chris Gimpel was digging the potatoes the defendant returned to the house, and committed the crime for which he was convicted.
The defense consisted of the defendant's denial, and evidence tending to prove an alibi and previous good character. While contending that the evidence was not sufficient to prove that he returned to the house or made an assault upon Essie Gimpel, the plaintiff in error also insists that the evidence on the part of the prosecution did not establish the intent necessary to constitute the crime charged. That evidence was to the following effect: Essie Gimpel testified that after her husband went to the potato patch the defendant came where she was churning, near a summer kitchen east of the house, and sat down on the walk; that after awhile he came and took hold of the churn, and churned a little, and told her not to tell his sister-in-law that he churned for her; that he took hold of her arm, and looked in the summer kitchen, and said, ‘Let's go in there;’ that he did not hurt her arm, and she jerked away, and went in through the kitchen to the dining room, and commenced piling up dishes; that in about five minutes he came into the dining room, with his shoes off, and took hold of her again, and kissed her, and kept saying: ...
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