State v. Wheeler
| Citation | 150 Me. 332,110 A.2d 578 |
| Parties | STATE of Maine v. Robert WHEELER. |
| Decision Date | 09 December 1954 |
| Court | Maine Supreme Court |
George M. Carleton, Jr., Bath, for plaintiff.
Edward W. Bridgham, Harold J. Rubin, Bath, for defendant.
Before WILLIAMSON, TIRRELL, WEBBER, BELIVEAU, TAPLEY and THAXTER, JJ.
On exceptions. The respondent was indicted for the crime of rape. The case was tried at the October Term, 1953 of the Superior Court for the County of Sagadahoc and State of Maine before a jury. Jury found respondent guilty. Respondent excepted to rulings as to the admissibility of evidence and to the refusal of the presiding Justice to direct a verdict of not guilty at the conclsuion of the testimony.
The indictment charged the respondent with rape of a female of the age of sixteen years. The act was alleged to have occurred on September 28, 1953 at Bowdoinham, Maine. The prosecutrix resided in the Town of South Freeport, Maine and on the twenty-seventh day of September, 1953 she went to the Town of Richmond where she was accustomed to spending considerable time. There is much testimony in the record relating to her activities with three boys with whom she was acquainted. It appears that during the evening of September 27th she went to ride with these boys for a distance of one or two miles from Richmond and that during this ride she was submitted to physical violence by being slapped on the face and having her arm twisted in an attempt to remove a portion of her clothing; that she was forcibly ejected from the car and later made her way back to Richmond; that following her return to Richmond she was again approached by the same boys, caused to re-enter the car and then taken to a point outside of Richmond where the car was stopped and an attempt made by one of them to rape her. During this attempt, a car passing the parked car of the boys was stopped by one of them. This car was operated by the respondent. The prosecutrix was transferred from the boys' car to that of the respondent. He drove some distance, stopped his automobile on a side road and there committed the act complained of, for which he was indicted, tried and found guilty.
The State must prove beyond a reasonable doubt that the respondent carnally knew the prosecutrix by force, without her consent or against her will. State v. Flaherty, 128 Me. 141, at page 144, 146 A. 7. The element of force and the act against her will are inconsistent with consent. It is obvious, of course, if the prosecutrix willingly consented to the act, there would be no rape.
During the course of the trial the State presented a witness in the person of one Donald Shields, a boy of sixteen years of age, who testified in direct examination that he was a passenger in the back seat of the respondent's car and was present at the time of the alleged rape. The substance of his testimony was that no act of intercourse occurred between the respondent and the prosecutrix. After completion of his direct testimony there was no cross-examination by the defense. Later he was called to the stand by the State and at that time testified that his testimony in direct was false and that he so testified because he was requested and urged to do so by the respondent.
The State's case was predicated on the testimony of the prosecutrix with very little, if any, corroboration. There is no statute in Maine requiring corroboration on the part of the prosecutrix in cases of this nature and it is well settled that a verdict based on the uncorroborated testimony of a complainant will not be disturbed on the mere fact of lack of corroboration. State v. Newcomb, 146 Me. 173, at page 181, 78 A.2d 787. Corroboration, if there is corroboration, must come from sources other than the prosecutrix. Although corroboration is not necessary, it is well for the purpose of this case to analyze the record to determine what corroboration, if any, there is present. The cases hold that where corroboration to any reasonable degree is lacking, it becomes necessary to scrutinize and analyze the testimony of the prosecutrix with great care. Her testimony as to the acts complained of must be such they would be within the realms of probability and credibility.
75 C.J.S., Rape, § 78, page 560:
'At common law, and in the absence of a statute requiring corroboration, it is generally held that the unsupported testimony of the prosecutrix, if not contradictory or...
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State v. Dipietrantonio
...112, and authorities there cited. The uncorroborated testimony of the prosecutrix is sufficient if probable and credible. State v. Wheeler, 150 Me. 332, 110 A.2d 578. The respondent's bill of exceptions shows that Exception I was the exclusion by the presiding Justice of questions, on cross......
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State v. McFarland
...cases. Such a reading of Field is inappropriate. The quoted language in Field was said to derive its support from State v. Wheeler, 150 Me. 332, 110 A.2d 578 (1954); and State v. Newcomb, 146 Me. 173, 78 A.2d 787 Wheeler is authority for the proposition that if evidence is 'inherently impro......
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State v. Burgoyne
...fact, State v. Field, 157 Me. 71, 76, 170 A.2d 167, 169 (1961), nor did it fail to meet the test of common sense. State v. Wheeler, 150 Me. 332, 335, 110 A.2d 578, 580 (1954). Further, her testimony was corroborated by medical evidence and by the testimony of the neighbors who observed the ......
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State v. Fischer
...contradictions or improbabilities which impelled us to hold that the State had failed in its burden of proof in State v. Wheeler, 150 Me. 332, 110 A.2d 578 (1954) and State v. Robinson, 153 Me. 376, 139 A.2d 596 The defendant also argues that the testimony of the nine-year-old boy was so co......