People v. Blanch

• Court: Illinois Supreme Court
• Writing for the Court: CARTER
• Citation: People v. Blanch, 309 Ill. 426, 141 N.E. 146 (Ill. 1923)
• Decision Date: 20 October 1923
• Docket Number: No. 15454.,15454.
• Parties: PEOPLE v. BLANCH.

309 Ill. 426

141 N.E. 146

PEOPLE

v.BLANCH.

No. 15454.

Supreme Court of Illinois.

Oct. 20, 1923.

Error to Circuit Court, Macaupin County; Frank W. Burton, Judge.

Hubert Blanch was found guilty of rape, and he brings error.

Reversed and remanded.

Jesse Peebles and A. J. Duggan, both of Carlinville, for plaintiff in error.

Edward J. Brundage, Atty. Gen., Leslie M. Harlan, State's Atty., of Mt. Olive, and James B. Searcy, of Springfield (Elbert N. Nevins and James H. Murphy, both of Carlinville, of counsel), for the People.

CARTER, J.

Plaintiff in error, Hubert Blanch, was found guilty in the circuit court of Macoupin county of rape upon a girl aged about 12 years and was sentenced to the penitentiaryfor 5 years. He brings the case to this court by writ of error.

The prosecuting witness, Anna Mabel VanMeter, testified that she lived in Carlinville and at the time of the occurrence was in the seventh grade of the public schools; that in the evening of January 6, 1922, she and Hilda Murphy, aged 17 years, with a sister-in-law of the prosecuting witness, Mrs. Anna VanMeter, went to a picture show, and sitting near them were Denvir Wise and Clyde VanDeveer. While they were in the picture show, or on leaving it, Wise and VanDeveer had a talk with Mrs. VanMeter, and as a result of this talk Blanch was asked to take them for a ride in an automobile of which he had charge-a Ford sedan. The testimony of these witnesses is not entirely in accord as to how Blanch came to be asked. There is some testimony to the effect that Mrs. VanMeter made the request, while there is other testimony that VanDeveer and Wise asked Blanch to take them, with some ladies, for a ride, and that they got into the car and went to the courthouse square, where they picked up Mrs. VanMeter, Miss Murphy, and the prosecuting witness. The testimony is substantially to the effect that when they got into the car Mrs. VanMeter sat in the front seat with Blanch, and the other peopel got into the rear part, the complaining witness sitting on Wise's lap; that they drove out on a hard road, and when they came to a country schoolhouse they drove into the schoolhouse yard for the purpose of obtaining some water, as the engine needed cooling, and while they were there, finding the schoolhouse door unlocked and a fire in the stove still burning, some of them went into the schoolhouse to get warm. Some of the testimony is to the effect that the complaining witness did not leave the car but that all the others at various times left the car and went into the schoolhouse or to other places. The complaining witness testified that finally, after the others had left the car and she and Blanch were alone, he asked her to have sexual intercourse with him and she refused and called for assistance from Mrs. VanMeter and started to get out of the car, but he pulled her back and laid her on the back seat and had intercourse with her; that about this time the others returned and Blanch got out of the back seat as if nothing had occurred and that Mrs. VanMeter fainted. There is no testimony to indicate that the fainting had anything to do with the alleged offense, but the testimony would seem to indicate that Mrs. VanMeter was sick while in the school room; whether from drinking water or from other causes is not clear. When Mrs. VanMeter was revived, Blanch took the party back to Carlinville, and the witness stayed that night with Mrs. VanMeter, telling her what had occurred with Blanch; but there is nothing in the record tending to show that she complained to or talked with any one else until she had a conversation with one of the police officers in Carlinville, about a month and a half later. The testimony of the father of the complaining witness and the birth certificate introduced in evidence show that she was born on May 16, 1909, and was 12 years old at the time of the occurrence. This was all the evidence introduced on behalf of the state.

Plaintiff in error testified that he was a motorman in a coal mine; that he did not attend the picture show on the evening in question but did use his car for a ride with the complaining witness, Mrs. VanMeter, Miss Murphy, Wise, and VanDeveer out to the schoolhouse; that he drove into the schoolhouse yard to get some water for the radiator and to let the engine cool off; that they all remained there for about 20 minutes, but that he and the prosecuting witness were never left alone together in the car and that he did not have sexual intercourse with her at that or any other time and place. On cross-examination he testified that they all went into the schoolhouse to get warm by the stove except the prosecuting witness and Wise, who remainedin the car together; that afterward he drove the car to town with the other parties.

Clyde VanDeveer testified on behalf of plaintiff in error that he is a miner and restaurant keeper; that he went on the ride with the party, it having been agreed upon at the picture show that they would take a ride afterward. He described the various goings and comings of the different members of the party between the car and the schoolhouse, and testified that so far as he knew Blanch had no improper relations of any sort with the prosecuting witness.

Denvir Wise testified that he is an assistant mine manager and was of the party; that they went to the schoolhouse and remained there about half an hour; that some of the people went into the schoolhouse to get warm at the stove, which still contained a fire, but to witness' knowledge there was no improper conduct between any of the parties. The testimony of this...