State v. Harris
| Decision Date | 10 June 1920 |
| Docket Number | No. 21998.,21998. |
| Parties | STATE v. HARRIS. |
| Court | Missouri Supreme Court |
Appeal from Criminal Court, Greene County; Arch A. Johnson, Judge.
William Harris was convicted of rape, and appeals. Reversed and remanded..
On December 11, 1918, the prosecuting attorney of Greene county, Mo., filed in the office of the clerk of the criminal court of said county an information in two counts, charging defendant, William Harris, with the crimes of statutory rape and incest. On December 13, 1918, appellant filed a demurrer to said information, which was overruled. On December 14, 1918, defendant was arraigned, and entered a plea' of not guilty as charged in the information. On December 14, 1918, the case was tried before a jury of Greene county aforesaid, and a verdict was returned in words and figures following, to wit:
On December 17, 1918, defendant filed his motions for new trial and in arrest of judgment, which were respectively overruled on December 19, 1918. On said last-named date sentence was duly pronounced in accordance with the terms of the verdict aforesaid. The Evidence.
The state's evidence tends to show that the defendant in this case, William Harris, was 42 years of age, and the father of three daughters, Ruth, Lucy, and Josephine. The mother of these girls was deceased, and defendant had for about 7 or 8 years been living with one Etta Wheaton, who, under the name of Etta Harris, held herself out as his wife. She testified that she was everywhere introduced as such, and was referred to as "mother" by the children. On or about August, 1917, the defendant, Etta Wheaton, Lucy, and Josephine moved to the farm of Luther Byrum, some three or four miles southeast of Springfield, in Greene county. On this farm, besides the dwelling house, was a large two-story barn. In the lower portion was kept, besides the stock, small grain, such as oats and corn. The upper portion, or loft, was used for the storing of hay. It was in this barn that defendant committed the acts, constituting the crime for the commission of which he was charged and convicted. "The daughters of defendant were accustomed to help him with his chores and were frequently with him in the barn. It was during one of these occasions that defendant had sexual intercourse with Lucy and Josephine. The latter testified on the witness stand that she was present at that time, and saw her father have intercourse with Lucy., He had her lie down upon the hay, unbuttoned his trousers, raised her clothes, got on top of her, and had connection with her. She testified further that, after the act with Lucy, he then called to her to come and lie down on the hay, and with her he also had intercourse. Defendant gave Lucy 10 cents and Josephine 5 cents, as the latter said, "for that." Josephine stated she saw defendant have intercourse with Lucy once after that, and, while she did not know how many times her father had had improper relations with Lucy, yet she knew he did so in the barn "quite a few times." Sometimes it would be upstairs, and sometimes down. Josephine, according to her testimony was 13 years of age.
Etta Wheaton testified that she had been living with the defendant about 7 years, during all of which time, she held herself out to the public as his wife, and had lived with him until very recently, until the girls came and told her stories against their father; that she last lived with defendant in Plattsburg, Mo., and while they were residing there she saw defendant early one morning get into the bed with Lucy. .They were both in their nightclothes. She afterwards accused defendant of having had intercourse with his daughter, and shortly after that time he left Plattsburg.:n July she heard that her husband had married another woman, Alice Weaver. She then wrote to Miss Hull, the police matron of Springfield, stating in her letter that defendant had been having sexual intercourse with Lucy. She further testified that, after the marriage of defendant, she sent Lucy, who was then living with her, to Springfield to her father for him to take care of; that she also discovered her husband in the act of intercourse with another daughter, Ruth, in Patton alley in the city of Springfield.
When Lucy was called to the stand, she stated that she was born in Monteer, Shannon county, Mo., and lived there until she was of the age of 9 years. While living in Monteer, her father had intercourse with her. From Monteer they moved to Springfield, and then to the Byrum farm in that vicinity. Here again, she states, he had intercourse with her — how many times she does not know. Her story bears out that of Josephine in nearly every particular as to the acts of intercourse committed in the barn. Lucy testified that she was 14 years of age.
On behalf of the defendant the evidence tended to show that he had been living with Etta Harris (Wheaton) for nearly 7 or 8 years, and that they were living together as husband and wife; that, while they were on the Byrum farm, he never did, at any time, have sexual or criminal relations with either Lucy or Josephine, nor did he in Plattsburg at any time have intercourse with Lucy; that the time referred to by Etta Wheaton he had merely gone to Lucy's bed, and kissed her, before starting to his work. In this he is supported by Lucy, for she testified that it was not true.
Ruth Hunter, another daughter, testified that she never did, at any time, see any improper relationship between her father and Josephine or Lucy; that neither of her sisters had at any time made any complaint to her, or in her presence, relative to any mistreatment of them by her father; that it is not true her father, at any time, ever had sexual intercourse with her.
Defendant maintains that this charge was instituted against him because of jealousy. Both Ruth and Lucy testified that, at the time Etta Wheaton learned of his marriage, she was very angry. Ruth stated that Etta tried to get her to go to Springfield and swear out a warrant against her father; that upon her refusal to do so Etta persuaded Lucy to do so.
Mrs. Weaver, who testified in behalf of defendant, stated that Lucy came to her house shortly before the trial, and stayed overnight ; that she stated to her that the charges made against the defendant, her father, by her (Lucy) were false; that Mrs. Wheaton had forced her under heavy threats, and she had been induced to make the charge by Mr. &Day and Miss Hull. In her cross-examination, Lucy testified that she had told Mrs. Weaver the charges against her father were false. She further testified that she wrote a letter to the prosecuting attorney, and told him she did not want to testify against her father, for the reason that the charges were false.
There is some evidence that Lucy was in the habit of frequenting streets and rooming houses with men; that her reputation in this connection was bad; and William Mcllheny, deputy sheriff of Greene county, testified that, when Lucy and Josephine attended school out near his place, their reputation for telling the truth was not good.
Cash Lawhead, clerk of the circuit court of Howell county, testified, that Record Book 0 of said court contained an entry showing that defendant had been convicted and sentenced to the penitentiary from Howell county for the breaking of jail. The defendant himself stated that he had been so convicted, and served a term of two years in the penitentiary.
Such other facts as may be necessary will be considered in the opinion. The defendant, in due time, appealed the cause to this court.
Val Mason and John H. Fairman, both of Springfield, for appellant.
Frank W. McAllister, Atty. Gen., and H. P. Ragland and J. W. Broaddus, Asst. Attys. Gen., for the State.
RAILEY, C. (after stating the facts as above).
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