Grogan v. State
| Decision Date | 05 November 1928 |
| Docket Number | 27538 |
| Citation | 151 Miss. 652,118 So. 627 |
| Court | Mississippi Supreme Court |
| Parties | GROGAN v. STATE. [*] |
RAPE. Corroborating evidence held insufficient to sustain conviction for rape (Hemingway's Code 1927, section 1148.)
Corroborating evidence, in prosecution under Laws 1914, chapter 171 (Hemingway's Code 1927, section 1148), for rape, held insufficient to sustain conviction.
APPEAL from circuit court of Leake county, HON. E. S. RICHARDSON Special Judge.
Allen Grogan was convicted of rape, and he appeals. Reversed and remanded.
Reversed and remanded.
C. E. Morgan, for appellant.
J. A. Lauderdale, Assistant Attorney-General, for the state.
The appellant was indicted and convicted in the circuit court of Leake county, under chapter 171, Laws of 1914 (Hemingway's 1927 Code, section 1148), of the rape of Eva Wooten, and was sentenced to serve a term of two years in the state penitentiary. From that judgment, appellant prosecutes this appeal.
The statute under which appellant was indicted is in this language:
"Any male person who shall have carnal knowledge of any unmarried female person of previously chaste character younger than himself, and over twelve and under eighteen years of age, upon conviction, shall be punished either by a fine not exceeding five hundred dollars ($ 500), or by imprisonment in the county jail not longer than six months, or by both such fine and imprisonment or by imprisonment in the penitentiary not exceeding five years; and such punishment, within said limitation, shall be fixed by the jury trying each case."
The prosecutrix, Eva Wooten, testified that on a certain night in August, 1925, she and appellant, with several others, were going from Reformation Church to the house of a neighbor; that they turned off of the highway and traveled a trail; that she and appellant fell behind the others, secreted themselves, and had sexual intercourse, and then went forward and overtook the others and went to the home of the neighbor. She testified that she was under eighteen years of age at the time of the alleged crime, and that appellant was older than she.
The only evidence offered as corroborative of the prosecutrix was that of Mrs. Lois Lowry, which is as follows:
In the...
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Lewis v. State
...... the testimony and opinion made by Dr. W. H. Frizell. [183. Miss. 196] . . . The. doctor never at one time in his testimony stated that the. child had been raped, neither did he give such as his. opinion. . . Grogan. v. State, 118 So. 627, 151 Miss. 652; Fairley v. State, 120 So. 747, 152 Miss. 656. . . The. court erred by permitting the witness Annie Laura Rollins,. the prosecutrix in the case, to testify over the objections. of appellant. When asked what she studied at school she. ......
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Jones v. State
...978; State v. Egbert, 101 N.W. 191; Krug v. State, 216 N.W. 664; Ferguson v. State, 71 Miss. 805; Hollins v. State, 128 Miss. 119; Grogan v. State, 118 So. 627; Williams State, 99 Miss. 274, 54 So. 857; 16 C. J. 643; Childs v. State, 55 Ala. 25; Brown v. People, 17 Mich. 429; 40 Cyc. 2787; ......
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Bardwell v. State
...must be corroborated, with reference to the felonious act. Ferguson v. State, 71 Miss. 805; Hollins v. State, 128 Miss. 119; Grogan v. State, 118 So. 627. B. Jackson, Assistant Attorney-General, for the state. Evidence of physician and another witness is sufficient to corroborate testimony ......
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Yancey v. State
......298, 109 So. 731) it remains true that. corroboration must be of the secret part or gist of the. crime. Hollins v. State, 128 Miss. 119, 90 So. 630;. Gillis v. State, 152 Miss. 551, 120 So. 455. Mere. opportunity creating a possibility is not enough of itself. Gillis v. State, supra; Grogan v. State, 151 Miss. 652, 118 So. 627. . . We do. not pass upon the admissibility of the testimony of. prosecutrix that on two prior occasions defendant had been. guilty of related indecencies toward her, since such [202. Miss. 669] testimony of itself would not satisfy the. ......