Samuels v. State, 6 Div. 404.
| Decision Date | 18 May 1948 |
| Docket Number | 6 Div. 404. |
| Citation | 34 Ala.App. 13,36 So.2d 561 |
| Parties | SAMUELS v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied June 15, 1948.
Horace C. Alford, of Birmingham, for appellant.
A A. Carmichael, Atty. Gen., and Wm. N. McQueen, Asst. Atty Gen., for the State.
At the July 1946 term of the circuit court, the grand jury of Jefferson County, Alabama, found and returned into open court an indictment against Will Thomas Samuels, which charged that he, 'did assault Barbara Donaldson, a woman, with the intent forcibly to ravish her,' etc.
When arraigned upon the indictment his final plea thereto was 'not guilty.' The trial resulted in the conviction of the defendant of assult with intent to ravish as charged in the indictment. The trial court duly adjudged the defendant guilty, and fixed his punishment at imprisonment in the penitentiary for a term of six years. From the judgment of conviction this appeal was taken.
The evidence introduced on behalf of the State tended to show that Barbara Donaldson, who is now Mrs. Douglas Golden, was proceeding from her home in Jefferson County to the place of her employment. It appears from the evidence that Miss Donaldson had been to lunch, and around noon on her way back to the place of her employment, she was accosted by this appellant, and appellant asked Miss Donaldson if she wanted to see him, 'using some vulgar words,' and thereafter he unbuttoned his breeches and exposed his private parts to Miss Donaldson and told her he was going to take her up in the woods and used 'another vulgar phrase,' and ran toward Miss Donaldson. The evidence on behalf of the State further tends to show that Miss Donaldson ran up the road and appellant ran after her. The evidence further tends to show that appellant came within two or three feet of her when he was pursuing her. The evidence further tends to show that Miss Donaldson ran about three-quarters of a mile; and upon her arrival at her place of employment, she told of this affair and a search was begun for the person who accosted her. The evidence tends to show that two days after this occurrence, this appellant was arrested and positively identified by Miss Donaldson as being the man who made the assault upon her.
The defendant set up an alibi as his defense, and strenously insisted that he was not the person who committed the offense, and he testified that at the time the offense was committed he was at another and different place, some distance removed from where the undisputed offense was committed. He offered testimony of two or three other witnesses in corroboration of his evidence on this question. Defendant's witness Dollie White testified that the defendant who lived within a hundred feet of her home, came to her home at about 9 o'clock on the morning of the day the alleged offense was committed and that he remained there all day without leaving until four-thirty o'clock that afternoon.
In contradiction of this said statement, State witness Mr. C. W Gafford, the deputy sheriff who arrested defendant, testified that on Tuesday, the day the offense was committed and a short time thereafter, he saw and talked to defendant on the highway near the scene where the offense complained of occurred.
Witness Gafford also testified, after a full and complete predicate had been laid, that after he had arrested defendant on Thursday defendant told...
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Davis v. State
...487, 41 So.2d 429; Maxwell v. State, 34 Ala.App. 653, 43 So.2d 323. 'The rule by which we are guided is stated in Samuels v. State, 34 Ala.App. 13, 36 So.2d 561, 562: 'On a charge of assault with intent to commit rape, the evidence, to be sufficient to justify the conviction, must show such......
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...the consent of the female and notwithstanding resistance on her part.' Pumphrey v. State, 156 Ala. 103, 47 So. 156, 157; Samuels v. State, 34 Ala.App. 13, 36 So.2d 561; McGee v. State, Ala.App., 55 So.2d 223, and cases there Applying this principle of law to the evidence in this case, we ar......
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McCluskey v. State
...487, 41 So.2d 429; Maxwell v. State, 34 Ala.App. 653, 43 So.2d 323. The rule by which we are guided is stated in Samuels v. State, 34 Ala.App. 13, 36 So.2d 561, 562: 'On a charge of assault with intent to commit rape, the evidence, to be sufficient to justify the conviction, must show such ......