State v. Taylor

• Decision Date: 13 March 1923
• Docket Number: 34528
• Citation: 192 N.W. 294,196 Iowa 1015
• Parties: STATE OF IOWA, Appellee, v. D. W. TAYLOR, Appellant
• Court: Iowa Supreme Court

192 N.W. 294

196 Iowa 1015

STATE OF IOWA, Appellee, v. D. W. TAYLOR, Appellant

No. 34528

Supreme Court of Iowa, Des Moines

March 13, 1923

REHEARING DENIED NOVEMBER 23, 1923.

Appeal from Polk District Court.--LESTER L. THOMPSON, Judge.

DEFENDANT was convicted of rape, and appeals.

Affirmed.

J. A Dyer, for appellant.

Ben J Gibson, Attorney-general, for appellee.

PRESTON, C. J. EVANS, STEVENS, and FAVILLE, JJ., concur.

OPINION

PRESTON, C. J.

Three main points are relied upon by appellant for a reversal. First, he challenges the sufficiency of the evidence; second, he alleges that the corroboration is not sufficient; and third, he claims that the court erred in admitting, over objection, the revolver and handkerchiefs, because, as is argued, they were not sufficiently identified.

1. The defendant is 33 years of age. Prosecutrix is a young, married woman, 18 years old, who, at the time of the transaction, had a child 14 months old, who was with her. She was 7 or 8 months gone in pregnancy at the time. Her husband works for the railroad, as does the defendant. Defendant lives in the third house from that of prosecutrix and her husband, in Valley Junction. The houses are not far apart. The families were friendly, and had visited a few times, and had been acquainted for some months prior to the transaction, which occurred about 3 o'clock in the morning, March 2, 1921. No point is made by appellant that the jury could not have found that there was penetration and intercourse to some extent. The prosecutrix, Mrs. Kalberg, resisted as much as she dared. This being so, we shall not go into the details of this particular matter any more than seems to be necessary to cover other points. In addition to the matter just referred to, her testimony, briefly, is this:

"My husband goes to work about midnight. I undressed and went to bed about midnight. Was alone with the baby. Left the electric light in the room burning, because the fire was low, and wanted it to get started before turning out the light. I was awakened by the snapping out of the light. The door was not locked, but I thought I had locked it; turned the key halfway, and left the key in the door. Defendant came and put a flash light and gun in my face. Thought at first it was a burglar. Was frightened. He was standing beside the bed. He looked at me a long time; just stood and looked; got down close. The flash light was dim. After he bent down close, saw he had a red and white bandana handkerchief over the lower part of his face. Could see his eyes. Recognized him as defendant by his eyes, and I knew his voice. He has a Southern brogue, and talks different. He told me to get up. I didn't get up right away, and he told me again to get up, and keep my mouth shut. I went to get up, and then began to cry, and he told me to turn my back, and pointed a gun at me while I was lying in bed. I finally got up, and he told me to turn my back and bend over. I put my hands on the bed. Turned around and saw what he was going to do, and pushed him away from me. He said he would blow my brains out if I didn't do as he told me. I was in fear of my life. Thought he would kill me. I went and done as he told me, after he threatened my life. I was so frightened I could hardly stand. Had never lived alone before. After defendant left, I tried to quiet the baby. Dressed myself and the baby without buttoning clothes or shoes, and, a few minutes after the transaction, went to the neighbors', Robbins, the next house east of us. Told Robbins someone had been in the house, and asked him to go for my husband. After Robbins had left, told Mrs. Robbins it was defendant. When my husband came, about 4 o'clock, I told him it was defendant. Defendant had on overalls. I have seen the gun, a small nickel-plated gun like the gun I had seen at Taylor's house. Do not know that this Exhibit A is the gun, but I know it was small like this, and had a shiny barrel,--nickel-plated. (Shown two handkerchiefs, B and C, bandana handkerchiefs. Says the man that was in her house that night had a handkerchief that color; it was folded that way.) I know defendant had a small flash light; it was nickel-plated; it threw a dim light. Defendant had intercourse with me for a while; penetrated my body. I begged him to leave me alone. Every time I would talk, he told me to shut my mouth; that he would blow my brains out if I moved, or didn't do what he told me,--and I believed he would. At first, he held the flash light in his left hand and the gun in his right. When I put my hands on the bed and bent over, I saw what he was going to do, and turned around and pushed him away. Don't know where the search light was then; it was dark. Don't know what he did with the gun. I know I pushed him away, then I turned around at the same place, and he tried to have intercourse with me again. He abandoned that method. Then he turned me around. I was crying. I was afraid to scream. I first knew what he was going to do when he started to lift my nightgown; then I turned around and pushed him away. I was trying to get away from him all the time; didn't let him do just what he pleased with me."

The Robbins testify as to what she said when she came to their house, and as to her condition, and that she was very nervous or excited.

The husband testified that, after defendant was arrested, and at the mayor's office about 11 o'clock the next forenoon, the officers told his wife, in the presence of defendant, that she ought to be certain before she accused this man, "and I myself asked her many questions as to the possibility of mistaken identity, and she said she could not be mistaken." She accused defendant in his presence, and defendant denied the accusation.

The State's evidence is that, at that time, defendant begged to have the prosecution dropped, and offered to pay the costs. Defendant, testifying as a witness on this subject, qualifies somewhat the last statement, and says that the prosecutrix was willing to drop the prosecution, and that she was not certain that he was the party, and that the marshal asked him if he would pay the costs of the court if they dropped it, and he replied that he would, if they did not have the money.

Without going into further detail, it is enough to say that there is other evidence.

The evidence bearing more particularly on the question of corroboration, also on the...