State v. Hall

• Decision Date: 04 January 1939
• Docket Number: 147.
• Citation: 200 S.E. 375,214 N.C. 639
• Parties: STATE v. HALL et al.
• Court: North Carolina Supreme Court

200 S.E. 375

214 N.C. 639

STATE v. HALL et al.

No. 147.

Supreme Court of North Carolina

January 4, 1939

Appeal from Superior Court, Yancey County; J. W. Pless, Jr., Judge.

Lige Hall and Lonnie Presnell were convicted of carnally knowing a female child over 12 years of age and under 16 years of age who had never before had sexual intercourse with any person and they appeal.

No error.

The defendants were tried under an indictment containing two counts,-one for rape and one for carnally knowing a female child over twelve years of age and under sixteen years of age, who had never before had sexual intercourse with any person. C.S.Supp.1924, § 4209. The jury found them guilty on the second count.

The evidence pertinent to the exceptions brought up on the appeal may be summarized as follows:

Kathleen Robinson, a deaf and dumb girl of the age of fourteen years residing in or near Burnsville, was walking along the highway leading to the center of town about dusk of a July evening. The defendant, Hall, with a companion, Sam English, were riding in the same direction in Hall's automobile. The car stopped, English opened the door, and the girl got in. Later, English and the girl got out and Hall went off and returned with a different car. The three of them rode to a filling station, and leaving there the car slid into a ditch. English and the dumb girl stood by while the car was pulled out of the ditch. At another filling station Presnell joined them. They then drove to town, where English left the girl with the defendants.

The defendant Hall carried the girl to a cafe, where they had sandwiches. Here he was observed trying to put his arm around the girl. It was in evidence that Hall and Presnell had been drinking. Thereafter, they were seen at various places. About 10:30 o'clock, a witness testified, Hall came into his shop to get a check cashed and said he had a woman out in the car and was in a hurry.

Defendants testified that they drove to Presnell's grandfather's, where Presnell roomed; that they tried to get the girl to write her name to find out where she lived but without success. Hall testified that he brought her back to Burnsville and put her out near the depot.

Kathleen Robinson, the dumb girl, through an interpreter, testified that Hall and Presnell carried her to a house in the country and to a room, took off all her clothing, both defendants participating, and placed her on a bed, where first the defendant Hall had full sexual intercourse with her, Presnell meantime retiring from the room, and when this act had been accomplished Presnell returned and had sexual intercourse with her. She stated that her hands were forcibly held behind her and that she tried to scream but was unable to do so. She testified she had not had sexual intercourse with any man before.

She was unable to identify clearly the house to which she was carried, although she made two attempts to do so, and pointed out at each place some similarity to the place to which she had been carried. Occupants of these houses testified that she had not been there.

Mrs Mary Robinson, the mother of Kathleen, testified that the girl was fourteen years old and had been deaf and dumb all her life; that she had been going to the Deaf and Dumb School at Morganton for five years. She testified that her daughter left the house about 7:20 in the evening, making motions to show that she was going to town. She had been going to revival meetings for a week and had been accustomed to go to the meeting by herself, but the mother would go and come back with her. She came back at 2:10 in the morning. Witness saw a car at Clyde Bailey's store and saw her daughter turn the corner at the depot, walking pretty fast. When she got to the house she didn't see anybody at the car but heard some men talking and the car stood there about a minute before it left. When she asked her daughter where she had been the girl simply said: "Away and away". "She was dirty as could be and worried to death; seemed lifeless. She went to bed in a few minutes and got up the next morning, ate breakfast, and went back to bed. She made a statement sometime afterward". The girl showed the mother that it was a car that took her off, and what kind of a car it was; showed that she had drunk whiskey, coca cola or something out of a bottle; told her how they treated her, about being put to bed and her clothes taken off, and about their having intercourse with her. She took her daughter to the doctor for an examination. Witness exhibited the clothing her daughter had on at the time she left the house and stated at that time the clothing had been laundered clean. Witness stated that her daughter had not been out of the house late at night before, only just long enough to go to church and come back.

There was considerable evidence with regard to the movements of Hall, Presnell, English, and the girl prior to leaving town.

The defendants admitted being in the car with the girl and carrying her to a place near the home of Presnell's grandfather, but denied abusing her in any way. Both stated that Hall returned from Presnell's grandfather's alone with the girl, and Hall stated that he had put her out at the depot sometime around 11:30 o'clock.

Hall and Presnell are both married men.

Dr. W. B. Robertson testified that he had made a physical examination of the girl and gave it as his opinion that she had had sexual intercourse shortly prior to that time.

On the trial below counsel for the defendants, in apt time, moved the Court to...