State v. Bryant

• Court: Missouri Supreme Court
• Writing for the Court: Bailey
• Citation: State v. Bryant, 252 S.W. 371 (Mo. 1923)
• Decision Date: 11 June 1923
• Docket Number: No. 24206.,24206.
• Parties: STATE v. BRYANT.

252 S.W. 371

STATE v. BRYANT.

No. 24206.

Supreme Court of Missouri, Division No. 2.

June 11, 1923.

Appeal from Circuit Court, Cole County; J. G. Slate, Judge.

Mason Bryant was convicted of statutory rape, and appeals. Affirmed.

Jesse W. Barrett, Atty. Gen., and Henry Davis, Asst. Atty. Gen., for the State.

statement.

BAILEY, C.

On June 18, 1921, the prosecuting attorney of Cole county, Mo., filed in the circuit court of said county a verified information, charging therein that said defendant, Mason Bryant, did on May 15, 1921, at the county and state aforesaid, feloniously assault and carnally know and abuse Anas Branson, a female child, 9 years of age, etc. The defendant was formally arraigned on August 18, 1921, and entered a plea of not guilty. The case was tried before a jury, and on November 23, 1921, the following verdict was returned in said cause:

"We, the jury, find the defendant guilty as charged in the information and assess his punishment at imprisonment in, the penitentiary for a term of thirty-five years.

                     "J. W. Ott, Foreman."
                

Defendant, in due time, filed motions for a new trial, and in arrest of judgment. Both motions were overruled, and on November 30, 1921, the court rendered judgment and pronounced sentence upon appellant in conformity with the terms of said verdict. Appellant, in due time, appealed from said judgment to this court.

The evidence in behalf of the state tends to prove the following facts: That on May 15, 1921, Anas Branson, a girl 9 or 1.0 years of age, went to the home of appellant's brother in Jefferson City, Mo., and inquired of appellant if her cousin and the women of that household were there; that appellant told her they had gone to the home of a neighbor, and suggested to prosecutrix that she should return there about 3 o'clock p. m.; that shortly thereafter appellant and one Fred Puckett went to a creek for the purpose of fishing; that about 3 p. m. appellant left Puckett, and was seen going towards his brother's home by two witnesses. The prosecutrix testified that appellant met her at his brother's home shortly after 3 o'clock, and asked her to go into a bedroom with him; that she went into a bedroom and he placed her on the bed and ravished her; that he took the sheet from oft the bed and left the house. She testified that she cried as loud as she could, and told him that he hurt her; that she met two women outside the house, but did not tell them what had transpired; that on arriving home Mrs. Branson, the mother of prosecutrix, noticed that her said daughter did not appear natural; that she has epilepsy, and her mother asked her if she had had a fit, and she answered in the negative; that Mrs. Branson then noticed a great deal of blood on her stockings and shoes; that an examination of the girl disclosed her underclothes were bloody, and that her vagina was bleeding profusely. Two physicians were called, and they found that her vagina was torn nearly to her rectum. One of the doctors gave it as his opinion that the wounds were caused by some man having raped her. Blood was found on the floor of the bedroom where prosecutrix claimed she had been raped; that a subsequent examination showed blood on the underside of the mattress of the bed where she claimed he had placed her. A neighbor testified that appellant came to his home on the afternoon of May 15, 1921, and said:

"I guess I have got into trouble with a girl, Lucy's cousin. I turned the mattress bottom side upwards."

Appellant did not return to his brother's home where he was boarding, but went to Centertown and stayed there until Tuesday morning, when he was arrested on this charge in Moniteau county, Mo.

The evidence in behalf of appellant tended to show that he had a good reputation and had never been charged with the commission of any other crime. He admitted telling the prosecutrix upon her first visit to his brother's home that the women would return in an hour or two, and...