People v. Geddes

• Court: Michigan Supreme Court
• Writing for the Court: BUSHNELL
• Citation: People v. Geddes, 301 Mich. 258, 3 N.W.2d 266 (Mich. 1942)
• Decision Date: 06 April 1942
• Docket Number: No. 77.,77.
• Parties: PEOPLE v. GEDDES.

301 Mich. 258

3 N.W.2d 266

PEOPLE

v.GEDDES.

No. 77.

Supreme Court of Michigan.

April 6, 1942.

Richard Geddes was convicted of rape, and he appeals.

Affirmed.

Appeal from Circuit Court, Ingham County; Leland W. Carr, judge.

Before the Entire Bench, except WIEST, J.

Watson & Amerson, of Lansing, for defendant and appellant.

Herbert J. Rushton, Atty. Gen., Edmund E. Shepherd, Sol. Gen., and Richard B. Foster, Pros. Atty., of Lansing, for plaintiff and appellee.

BUSHNELL, Justice.

Defendant Richard Geddes, a married man, 25 years of age, was convicted by a trial judge sitting without a jury of the crime of rape, as defined in section 520 of the Penal Code, Act No. 328, Pub. Acts 1931 (Stat.Ann. § 28.788).

The People charge that the crime was committed on January 25, 1941. The complaining witness, then a single woman, whose name is omitted from this opinion for obvious reasons, testified that, as she was leaving her place of employment, a lunch room, about 2:00 a.m. on the morning in question, Geddes asked her if she would like a ride home. She at first refused but, upon defendant's insistence, got into his car. Defendant's friend, Carl Cook, rode with the parties in the front seat for a while and then got out of the car. Defendant, disregarding complainant's request to be taken home drove around a while and, later, parked his car. He then made advances to the complaining witness which she resisted. According to complainant, Geddes then became violent and abused and mistreated her. She said she attempted to get out of the car but the inside door handle was broken. When she put her head out the left window and screamed, Geddes turned the window up on her neck. Finally, after considerable struggle, Geddes had intercourse with the complaining witness. She testified that the act occurred about 4:00 o'clock in the morning, within a short distance of her sister's home. After the affair, Geddes drove her to her sister's home and let her out of the car. She awakened her sister and brother-in-law and told them what had occurred. A state police officer was immediately called and he testified at the trial that, when he saw the complainant about 5:00 a.m. she was hysterical, complained of pains in her neck and arm; and that her arms were red as though they had been twisted.

Defendant Geddes took the stand in his own behalf. On cross-examination he admitted it was possible that he had had sexual intercourse with the complaining witness, but he denied that he abused or mistreated the complainant or resorted to force in any manner.

Dr. LeMoyne Snyder, who examined complainant about noon the same day, testified that he took a specimen smear from her vagina and found bruises, abrasions and lacerations. He stated that, in his opinion, the injuries were the result of a forceful entry which would cause considerably more pain than ‘a person would submit to voluntarily.’ A state toxicologist testified that he found spermatazoa on the specimen referred to.

A witness who lived near the scene of the crime testified that she was awakened about 2:00 or 3:00 o'clock on the morning in question by a woman screaming. Defendant, on the other hand, called several other residents of the neighborhood who stated they did not hear any such outcries.

On appeal, Geddes urges that the decision of the trial judge is against the great weight of the evidence and that the evidence is insufficient to remove ‘all resonable doubt of guilt,’ or to overcome the presumption of innocence. He argues that the People failed to prove ‘resistance on the part of prosecutrix to the extent...