Plaster v. State
| Decision Date | 14 December 1929 |
| Docket Number | A-6715. |
| Citation | 283 P. 805,45 Okla.Crim. 452 |
| Parties | PLASTER v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Rehearing Denied Jan. 11, 1930.
Syllabus by the Court.
The offense of rape in the second degree is included in an information for rape in the first degree.
Evidence contained in the record examined, and held sufficient to sustain a conviction of rape in the second degree.
The rights of the defendant were not prejudiced by the giving of instructions 8 and 9 by the court.
An examination of the record shows that there are no fundamental or prejudicial errors in the record.
Appeal from District Court, Caddo County; Will Linn, Judge.
Doran Plaster was convicted of rape in the second degree, and he appeals. Affirmed.
Morris & Wilhite, of Anadarko, for plaintiff in error.
J Berry King, Atty. Gen., and Smith C. Matson, Asst. Atty Gen., for the State.
The plaintiff in error, hereinafter called the defendant, was informed against jointly, with Judge Morris and Charley Baldwin, charged with the crime of rape in the first degree was tried separately and convicted of rape in the first degree; and his punishment fixed at confinement in the state penitentiary for one year. Motion for new trial was filed considered, and overruled, and exceptions saved, and the case appealed to this court.
The testimony on behalf of the state, in substance, is as follows:
Madeline Finley, called as a witness, testified: I am a married woman, married on the 30th day of October, 1926; I am 16 years of age; I know Doran Plaster, Judge Morris and Charley Baldwin; before we moved to Binger I lived five miles north and west of Oney with my father and mother; on the 12th day of September, 1926, I lived up there; I went to Swan Lake Church that night with my father and mother in a wagon; the church is a mile and three-quarters from our home; after church Judge Morris asked to take me home; we started home in a Ford roadster; I don't know who was the owner of the car; we started home about 10 o'clock at night; my father and mother got home before I did; Morris drove a mile and three-quarters north and a half mile east and stopped the car; after he stopped I asked him to go on, and he said he was not in any hurry; about that time the Baldwin boy and Doran Plaster came up to where we were; Doran Plaster jumped out of the car and brought a wagon sheet up to where we were; he threw the wagon sheet down in front of the car and came to the car and told me to get out, and I told him I was not going to do it, and he said he would make me do it; he pulled me out of the car, he and Judge together; they forced me out in front of the car, I caught hold of the braces, and they pulled me away and tripped me; after he tripped me he pulled my clothes down; he took my dress up before I was on the ground; while the defendant was pulling my clothes down, Judge and the Baldwin boy was standing there; after he got my clothes down, he got on top of me, and when he got through he held me for Judge; the defendant had sexual intercourse with me at that time; Judge had intercourse with me, and after he got through the Baldwin boy also had intercourse with me; I was not agreeing to it, I was fighting and crying and begging them to let me alone; I used what force I could; when they got through the Baldwin boy and Judge took me to the corner and the Baldwin boy took me down to the house, and I turned the lights out and took the keys and gave them to Daddy; Judge Morris got out of the car first; it was not quite a quarter of a mile from our house, Charley Baldwin went down to the house with me, and when I turned the lights out and took the key I went into the house and delivered it to my daddy and told him the boys had insulted me; my father ran out, but the Baldwin boy had gone; I don't know who came for the car. This occurred in Caddo county, Okl.
On cross-examination witness stated: They went to church that evening; I did not talk to any one outside the church; we left the church house after the services were over; I left with Judge Morris; I first saw Judge Morris outside the church; I did not see any one with him; he was close to the church and every one was coming out; I had known him for two or three months; I saw him pretty often; we left the church in a Ford roadster; I did not see Doran Plaster and the Baldwin boy at church; we did not pass any one on the road going over to where Morris stopped the car; he stopped the car without saying anything about it; I said, "Let's go on," and he said we are not in any hurry; we had been there just a little while when the other boys drove up; I did not get out of the car until Doran Plaster came up and pulled me out; when Doran came up to the car, he said for me to get out, and I told him I was not going to do it, and he got hold of my hands and arms and jerked me while Judge was pushing; then Judge got out; after they got me out of the car, they pulled me around in front of the car and tripped me; I got hold of the fender brace, and he pulled me lose from it, got hold of my hands and pulled my dress up while I was standing; I do not know what time I got home that night; the first one that had intercourse with me was Doran Plaster on the wagon sheet; the lights had been turned out on the car; I never saw Harve Johnson that evening; the Plaster boy and Baldwin boy were down there by the road waiting and watching; I was fighting and kicking and Doran told me to be still; we stayed on the ground about five minutes; after he left me he just stood there by the road; he held me while Judge Morris was on me; he held my hands and I was hollowing and crying; after Judge Morris got through he held my hands while the other boy got on me; I knew Harve Johnson, and if he had been present I would have seen him; I had never had intercourse with any one before that night; when I went home I told Daddy the boys had insulted me, that I knew two of them, but did not know the other boy; I felt bad when I left down where the boys had me; Judge Morris is the one that suggested that we come home after they had me down on the road; the Baldwin boy drove the car, and I sat in the middle; I did not talk with them on the way home, nor did I tell them I was going to tell Father; I told my father.
Will Miller, the father of the prosecutrix, testified as did the prosecuting witness with reference to going to church, and his daughter starting home with Judge Morris, and what took place at home when she came in, and Martha Miller, the stepmother of the prosecutrix, testified in substance the same as did her husband, Will Miller.
C. H. Haup testified to seeing the car, and arresting the defendants, Doran Plaster, Charley Baldwin, and Judge Morris; and to seeing some fruit jars in the back of the car; he had a talk with the Morris boy; did not have any conversation with Plaster.
Bill Sullivan testified to being at church that night and talking to the father of the prosecutrix, being present when she asked if Judge Morris could take her home; I did not see them leave; I went home with Mr. Miller in the wagon; we got home before Madeline came; when she came in she was crying and ran into the house and told her papa she had been abused; when Madeline came in she began talking to her father; I was in the room and so was my wife; I did not hear her father scolding her about being out late; when she came in she was crying, and that was proof to me she had been hurt.
Ada Sullivan, the wife of Bill Sullivan, testified in substance the same as her husband.
This is in substance the testimony offered by the state.
At the close of the testimony the defendant moved the court to dismiss the case for the reason that the testimony introduced by the state does not state sufficient facts to constitute an offense against the laws of the state of Oklahoma; and, second, that the demeanor of some of the people that are in the courtroom has been disadvantageous to the defendant. The motion was overuled and exceptions saved.
The defendant called as a witness Judge Morris. He stated he had known the prosecuting witness Madeline Finley, formerly Madeline Miller, about three months; he was at church at Swan Lake on the 12th day of September, 1926; that during the services the prosecuting witness asked him to take her home that evening; she was sitting in a car outside the church she asked me to get two or three boys to come on with me; she never said why she wanted them; later she said she wanted to come up the road there, and wanted me to wait until they came along; after she talked to me, I asked Doran Plaster, Charley Baldwin, and Harve Johnson; I think Harve Johnson is here now; we drove down the road a piece and had been stopped four or five minutes when the other boys came up; the prosecuting witness first suggested stopping; she did not ask me to take her...
To continue reading
Request your trial