People v. Burrel, 147.
| Decision Date | 27 February 1931 |
| Docket Number | No. 147.,147. |
| Parties | PEOPLE v. BURREL. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Berrien County; Charles E. White, Judge.
Cleveland Burrel was convicted of having carnal knowledge of a female under the age of sixteen years, having been tried as a principal under Pub. Acts 1927, No. 175, c. 7, § 39, and he appeals.
Reversed, and defendant discharged.
Argued before the Entire Bench.
Charles W. Gore, of Benton Harbor, for appellant.
Paul W. Voorhies, Atty. Gen., Harold J. Waples, Asst. Atty. Gen., and Wilbur M. Cunningham, Pros. Atty., of Benton Harbor, for the People.
Defendant was convicted of statutory rape, of having carnal knowledge of a female under the age of 16 years. 3 Comp. Laws 1915, § 15211. To review judgment, he brings error.
The prosecution is predicated on section 39, c. 7, Act, No. 175, Pub. Acts of 1927: ‘Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction shall be punished as if he had directly committed such offense.’
One Bracken, a young married man, had sexual intercourse with the girl, and pleaded guilty of the offense. Defendant had nothing to do with her. The question is whether defendant did procure, counsel, aid, or abet in the commission of the crime.
Defendant and Bracken lived at Benton Harbor. The girl lived just out of the city. She and Bracken were friendly. She had written him letters and had given him a photograph of herself. Defendant had an automobile. One evening Bracken had an engagement to meet the girl and asked defendant to drive him out on the south side of the city. They went to a gasoline station. Bracken purchased gasoline. He directed the driving to a place where the girl got into the car, and Bracken got into the back seat with her. Defendant drove a number of miles. Bracken was ‘loving’ the girl. Defendant, as further directed, drove onto a dark road and stopped the car, leaving the motor running. Bracken and intercourse with the girl in the back of the car. Defendant sat in the front seat with arms over the steering wheel and his head resting on his arms. He said nothing to the girl and took no part in the affair. The girl made no outcry, except to say ‘Don't’ once or twice to Bracken, and this seems from prompting of modesty rather than from thought of resistance. It is not known that defendant heard her; he says he did not. There is nothing in the record to show directly or by reasonable inference that defendant knew when taking Bracken and the girl into the car and while driving that Bracken intended statutory rape, if he did so intend, nor can such knowledge be inferred on this record. The mere fact that Bracken went riding with the girl does not support an inference of intended rape.
There is nothing in the record showing that defendant knew, after the car was stopped, what was happening in the back of the car, except what may be inferred, if anything. The case against defe...
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