Hunter v. State

• Decision Date: 06 April 1892
• Citation: 10 So. 730,29 Fla. 486
• Parties: HUNTER v. STATE.
• Court: Florida Supreme Court

10 So. 730

29 Fla. 486

HUNTER v. STATE.

Florida Supreme Court

April 6, 1892

Error to criminal court of record, Duval county; H. B. PHILLIPS Judge.

Prosecution against Caesar Hunter for an assault with intent to rape. From a judgment on conviction defendant brings error. Reversed.

Syllabus by the Court

SYLLABUS

1. The gravamen of the offense in an indictment charging an assault with intent to rape is the intent with which the assault was made; and this question of intent, throughout the instructions of the court, should be kept prominently before the minds of the jury as being the main subject of their inquiry; and, if there be a reasonable doubt as to the intent, such doubt necessitates an acquittal.

2. The intent in such cases must be shown by the state to have so possessed the accused that his determination was to consummate the rape regardless of resistance and want of consent.

3. The manner, time, place, surroundings, and circumstances under which such an assault is made, and the want of opportunity to consummate the crime, are subjects of material consideration upon the question of intent.

4. The jury, being the sole and exclusive judges of the weight and credibility to be given to any and all evidence, have the right to disbelieve the evidence of an interested witness solely on the ground of interest.

COUNSEL John Wallace, for plaintiff in error.

William B. Lamar, Atty. Gen., for the State.

OPINION

TAYLOR J.

Caesar Hunter, the plaintiff in error, at the October term, 1891, of the criminal court of record for Duval county, victed of the charge of 'assault with intent to rape,' and, being sentenced to 10 years in the penitentiary, after refusal of his motion for new trial, brings his case here upon writ of error. As the evidence for the state is not voluminous, and as we have some comments to make upon its sufficiency for conviction, we will give it in full as it appears in the record.

Lucy Biggs, the prosecutrix, for the state testified as follows 'My name is Lucy Biggs. I live in the city of Jacksonville, Florida. Some time in June last I was committed to the city jail for disorderly conduct in the streets. I was put in there over night, and remained there until next morning. I had taken several drinks of whisky that night, but was not drunk. I was reclining on a bench. Caesar Hunter same to the door. I rose up. He asked me if I lived in Lavilla. The next morning some one pushed the defendant, Caesar Hunter, in my cell, and he asked me to give him some; and at the same time ran his hand under my clothes, took hold of my shoulder, and tried to push me over, when I screamed, and he ran out from the cell. I had never seen him before that morning, but I identified him as being the man. This happened in the county of Duval, and state of Florida. My occupation is keeping a house of assignation. My husband, Charley Biggs, was convicted at the last term of this court for highway robbery, and he is to be tried at this term of the court for the same crime. I am also under bond to this court for larceny. The night I was arrested for this was since I was put in jail June last, but I cannot remember the exact date. Biggs is my second husband, and I got divorced from my first husband in New Jersey. The night I was arrested for larceny I paid Captain Dennis--a very black man--two dollars to go with me to Sheriff N. B. Broward's house to see something about my husband, who was then in jail for robbery. We went down to Sheriff Broward's. I did not know the way down there, and Captain Dennis went with me. Captain Dennis and myself went to several bar-rooms, and took several drinks. Dennis rode on the outside of the carriage with the driver. After the assault on me in the city jail my sentence was suspended. When I returned I was arrested for larceny, and taken to the city jail.'

Bartola Canova, for the state, testified: 'My name is Bartola Canova. I am the Keeper of the city jail of the city of Jacksonville, Florida. I know Lucy Biggs, the prosecuting witness in this cause. I also know Caesar Hunter, the defendant. Some time in June last, Lucy Biggs, Caesar Hunter and some other prisoners were in the city jail for violating some of the city ordinances. Lucy Biggs was in the women's cell. She was put in there over night. Next morning the men prisoners were turned out in the corridor to go to work, or to get their breakfast. The cell that Lucy Biggs was in was so fixed that it could be opened from the outside, but not from the inside. There were several other prisoners in the corridor with Caesar Hunter, and the same prisoners were turned out when he was turned out. I heard some one scream twice, I think, that morning. I do not know whether the scream was in Lucy Biggs' cell or not. It sounded like it was there. I ran out into the passage, and when I got where I could see I saw Caesar Hunter come running with a broom in his hand. He was about ten steps from the cell door that Lucy Biggs was in, and several other prisoners were about four or five steps from him. It was not the business of Hunter to sweep.'

William C. West, for the state, testified: 'I am city recorder of Jacksonville, Florida. I was in the room with Bartola Canova the morning the alleged crime was committed, and heard the screams of some one, who seemed to be in one of the cells. I do not know whether the screams I beard were in Lucy Biggs' cell or not. It was in that direction. Canova and myself went in the passage together, and when we got in sight I saw Caesar Hunter about fourteen steps from the door of Lucy Biggs' cell, sweeping the floor as though he was very much excited. There were several other prisoners not a great distance from him. Hunter was not running, but was sweeping the floor.'

This comprises the entire evidence for the state.

The defendant introduced as a witness one Capt. Dennis, alias Dennis Jenkins, stated in the record to be a very black...