Pope v. State

• Decision Date: 18 June 1903
• Citation: 34 So. 840,137 Ala. 56
• Parties: POPE v. STATE.
• Court: Alabama Supreme Court

34 So. 840

137 Ala. 56

POPE v. STATE.

Supreme Court of Alabama

June 18, 1903

Appeal from City Court of Gadsden; John H. Disque, Judge.

Draper Pope was convicted of seduction, and appeals. Reversed.

In addition to the facts testified to by the prosecutrix as set forth in the opinion, she further testified that the first time the defendant had sexual intercourse with her it was against her protest, and, although he promised to marry her she did not consent, and was not willing to the commission of the act. The other testimony of the prosecutrix tended to show that she interposed no objection to the subsequent sexual acts, but consented thereto.

The defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked: "(1) There is no duty devolving on this jury to convict or either acquit to elevate the colored race. (2) Unless the jury believe from the evidence, beyond a reasonable doubt, that the female willingly consented to the first act of sexual intercourse with the defendant, he is not guilty. (3) If the female did not consent to the first act of sexual intercourse, and the defendant had such intercourse by force and against her will, the jury must find him not guilty. (4) The jury must believe beyond a reasonable doubt, from the evidence, that the female willingly consented to the first act of sexual intercourse because of a promise of marriage or because of arts, temptations, deceptions, or flattery used by the defendant, and not a desire to gratify passion only. (5) If the jury believe from the evidence that the prosecutrix yielded her virtue by reason of the force used by the defendant, and not by means of temptation, deceptions arts, flattery, or a promise of marriage on the part of the defendant, then they cannot convict him. (6) The question of whether the colored race will be elevated by a conviction in this case is not a question to be considered by the jury. (7) If the jury are reasonably satisfied from the evidence that at the time of the alleged seduction defendant used force and had sexual intercourse with the female without her consent, the jury must find the defendant not guilty. (8) If the first time defendant had sexual intercourse with the female, if he did have sexual intercourse with her, the female being unwilling and not consenting to the act, and he accomplished the intercourse by force, the defendant is not guilty."

Boykin & Lee and Otto V. Lee, for appellant.

The authorities cited in brief of appellant, as sustaining the first proposition decided by the court on this appeal, are as follows: Wickard v. State, 109 Ala. 45, 19 So. 491; Smith v. State, 52 Ala. 384; McPherson v State, 54 Ala. 221; McCullough v. State, 63 Ala. 75; Bonham v. State, 65 Ala. 456; Carleton v. State, 100 Ala. 130, 14 So. 472; Williams v. State, 77 Ala. 53; Chappell v. State, 86 Ala. 54, 5 So. 419; Sullivan v. State, 68 Ala. 529.

Massey Wilson, Atty....