Rogers v. State
| Decision Date | 25 March 1970 |
| Citation | 455 S.W.2d 182,2 Tenn.Crim.App. 491 |
| Parties | Roosevelt ROGERS, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error. |
| Court | Tennessee Court of Criminal Appeals |
Hugh W. Stanton, Jr., James E. Eikner, Jr., Memphis, for plaintiff in error.
David M. Pack, Atty. Gen., Thomas E. Fox, Deputy Atty. Gen., Nashville, Phil M. Canale, Jr., Dist. Atty. Gen., F. Glen Sisson, Asst. Dist. Atty. Gen., J. L. Patterson, Asst. Dist. Atty. Gen., Memphis, for defendant in error.
The defendant Roosevelt Rogers, whom we refer to as the defendant or by name, was convicted in the Criminal Court of Shelby County, Tennessee, of unlawful carnal knowledge of a female child under twelve years of age, the jury fixed the punishment at life imprisonment. His motion for a new trial was heard and overruled and his appeal perfected to this Court.
The facts may be seen from the following summary of the testimony.
Mary Jo Stewart testified she was eleven years of age, that on July 9, 1968, she was on the porch playing and the defendant called her in the house, then threw her on the bed. She described actions of the defendant which were indicative of unlawful carnal knowledge of her, after which she got up and went home where she laid down and went to sleep. She lived on the same road the defendant lived on, not too far away. She testified she had driven nails in the door with her father's hammer to keep the defendant from coming up there. That she was asleep and when she work up the defendant was in the room. That the defendant raped her again, then he got up and ran out doors and sat on the porch. She stated he hurt her and she cried.
Otis Stewart, father of the child, testified that he was employed in building and construction work. That Mary Jo told him what happened to her on July 9, that she was thrown down and choked and dragged through the house and was assaulted. That Mr. Roosevelt tried to have dealings with her and hurt her. He knew the defendant Roosevelt Rogers who lived down the street from them, just one house between them. She said he grabbed her on the porch and snatched her in the door. She started crying and he choked her and hurt her. She had nailed the door to keep him from coming in, he came and tried to get her to open the door and he broke it open and came in. She explained that he was trying to have intercourse with her.
Mr. Stewart testified he called the police, took his daughter to John Gaston Hospital where the doctor saw her, then he went to the sheriff's office. Otis Stewart testified he went to the jail at Miss Bennie Fowler's request where the defendant asked him would $75.00 make him drop the charges. He said he could make it worth more than that. Otis Stewart further testified Geneva Rogers, wife of the defendant, told him if he would drop the charges, she would pay him and he told her he didn't expect he could do it, and told her to come and talk to him, but she didn't come.
Lieutenant O. C. Kroening of the County Sheriff's Office testified he had been employed by the Sheriff's office, Detective Division, since October, 1964. On July 10, 1968, he investigated a complaint against the defendant whom he knew as Roosevelt Sanders. After ordering the victim to be transferred to John Gaston Hospital, and after interviewing the victim and her father, the nurse and the physician on duty at the hospital, he told the District car to attempt apprehension of Roosevelt Rogers, alias Sanders. He was not apprehended at that time. He went to defendant's residence several times looking for him. That he made a good faith effort to find the defendant but to no avail. In the early part of August, Lieutenant Kroening was notified the defendant was in custody in Belleville, Illinois, and he was returned to Memphis.
Dr. John Chism examined Mary Jo Stewart July 10, 1968, he said,
On cross examination the doctor testified the rupture could be by any foreign body from a coke bottle to a pencil. The extent of this tear would almost necessitate an entry of some kind from something. That it was a pretty significant rupture and tear. He could hardly visualize this tear being from just external trauma and not an entry. He testified you could have minor ruptures from something such as external trauma.
Virginia Stewart, mother of the victim Mary Jo Stewart, testified she did not exactly know her date of birth. She was born in January, in Mississippi. She didn't know what grade her daughter was in at Lakeview. When asked on cross examination if she could have been born in 1956, she answered, 'yes'. When asked if Mary Jo told her Roosevelt did not do this she said, 'yes.'
Roosevelt Rogers, defendant, testified he was 34 years of age, married, had six children, and has been married three times. He considered himself a friend of Otis Stewart, whom he had known for 15 years, they were neighbors. On July 9, 1968, he got up, went in the car over to Edith Milbrooks' about 8:30. That's about two miles distance. Edith Milbrooks and Clarence Milbrooks were there. Otis Stewart and Willie Lee Odell came. That that's where they all go when they haven't anything to do, sit around and play cards and drink beer. He left Edith Milbrooks' about 5:30, went straight back home. His wife was working at that time, she got home about 5:30, about the time he got there. At Edith Milbrooks' they shelled butterbeans and drank beer, he stayed there all that day. She fixed lunch. Clint Darling was there, he lives there with Edith Milbrooks. He saw Mary Jo that evening when he got back home. She and his child were riding the bike out there up and down the street. He cautioned her to not go out on the highway. After his wife got home, she fed the four head of hogs and three hundred chickens. He did not leave there that night. Otis Stewart came down and sat on the porch, he was about drunk. Besides Otis, Alvin Hardy came. That he went to sleep about 9:30. That he left Memphis the next day because he did not want to be locked up every time he turned around. He did not want to be arrested any more on something he did not do. That his little girl told him what Stewart had done. He came back and picked up his wife and went to Mississippi then to St. Louis, where he was arrested August 10.
Before this happened he had talked to Otis about his little girl and told him he should make her go to school. She never did go to school except about six days in three weeks. She was running around out there, messing around and going on. That he did not offer Otis money to drop the charges, Otis asked him for the money to drop the charges. That he told Bennie Fowler to ask Otis if he was going to drop the charges.
Defendant testified he, Edith, and Clint Darling left Edith Milbrooks' place sometime before lunch between 9, 10, and 11, and went to pick up some butterbeans the white man gave them and came back to Edith's about 3:30 P.M.
The defendant testified he was not guilty of the charge, that he had never harmed Mary Jo Stewart in any way, that he had never had or attempted to have any sexual relations with her at any time. That he never assaulted her in any way.
Miss Bennie Fowler testified she is sixteen years old has three sisters Mary Jane, Bobbie and Linda. She knows Roosevelt Rogers and Otis Stewart and the Stewart family. Mrs. Virginia Stewart and Mary Jo Stewart are friends of her family. Mary Jo has been a guest at their house many times. Mary Jo Stewart told her Roosevelt didn't do it, that he didn't do anything to her. That Mary Jo asked her to write a note for her to Geneva Rogers, the defendant's wife, that he didn't bother her, that Otis 'whopped' her and made her say it. That she wrote the letter as Mary Jo requested and read it to her and signed it.
Miss Bennie Fowler admitted she and the defendant had engaged in sexual intercourse many times, she did not know how long this relationship existed. That she was fourteen years old when her intimate relations commenced with defendant Roosevelt Rogers.
Bobbie Ann Fowler, age seventeen, a senior in Geeter High School, testified she has known the defendant Roosevelt Rogers for about three years. After this incident is supposed to have happened for which Roosevelt Rogers is on trial in this case, Mary Jo Stewart's brother made her made and she heard Mary Jo say, 'Mr. Roosevelt hadn't taken anything from her, she let him do it and it was good and she would let him do it again.'
Mrs. Edith Milbrooks testified she is married her husband's name is Clint Darling, who is now in Veterans Hospital. She had known defendant Roosevelt Rogers for about three years. She had been up in the courts two or three times for violation of the liquor laws.
That on July 9, 1968, which was a Tuesday, Roosevelt Rogers came to her place about 6:30 A.M. He and her husband were working together, they went to see about a job. That he helped shell beans at her house. Clint and Roosevelt left and were gone for about two hours to White-haven to see about a job. They left about 11:30 and returned about 2 or 2:15, helped shell beans, and left about 5:30 or 5:45. The defendant left with Clint and came back with Clint.
It is the contention of the State that the defendant Roosevelt Rogers did have unlawful carnal knowledge of Mary Jo Stewart, a female under twelve years of age.
It is the defendant's...
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