State v. Williams

• Decision Date: 03 December 1923
• Docket Number: No. 5221.,5221.
• Citation: 196 N.W. 291,47 S.D. 68
• Parties: STATE v. WILLIAMS.
• Court: South Dakota Supreme Court

47 S.D. 68

196 N.W. 291

STATE

v.WILLIAMS.

No. 5221.

Supreme Court of South Dakota.

Dec. 3, 1923.

Appeal from Circuit Court, Roberts County; B. A. Walton, Judge.

Smiley Williams was convicted of rape, and appeals.Affirmed.Babcock & Babcock, of Sisseton, for appellant.

Buell F. Jones, Atty. Gen., and Benj.D. Mintener, Asst. Atty. Gen., for the State.

ANDERSON, P. J.

Defendant was convicted of statutory rape, alleged to have been committed upon one Hazel Quarten.Motion for new trial was denied, and defendant appeals from the judgment and order.

Prosecutrix, Hazel Quarten, was at the time of the alleged rape 14 years old.Defendant is married to an order sister of Hazel.Both are daughters of George Quarten.Defendant and wife have a home near Sisseton Agency, this state.Quarten lives a few miles distant.In fall of 1921defendant was helping his father–in–law with his farm work.Defendant's wife and child were with him at the Quarten home during this time, and defendant and wife slept together in a room in the Quarten house.The information charges the commission of the crime on December 10, 1921, in Roberts county, this state.On the trial the state contended that the crime was committed at the Quarten home in December, 1921, about the time as charged in the information; that defendant came to prosecutrix's room and got into bed with her, and that defendant's wife, a sister of prosecutrix, came into the room and found defendant in bed with prosecutrix.This is denied by defendant, and also by defendant's wife, who testified that the only time she saw her husband in prosecutrix's room was when she and her husband went into the room together one evening to find some clothes for their baby.It is claimed by prosecutrix's father and mother that they were at the Quarten home all the time, and that if defendant had been guilty of the alleged crime some of them must have known it.Prosecutrix and one Lorna Swayze testified that they saw defendant and Henry St. Clair in her father's pasture some time prior to the occurrence of the sexual intercourse in the Quarten home, and that she, prosecutrix, and defendant separated from St. Clair and the Swayze girl and went behind a hill, stayed there about half an hour, and had sexual intercourse.

[1] It is contended by defendant that the pasture in question was not shown to be within Roberts county.The evidence, however, does show that the father's house was in Roberts county; that the pasture was about a mile from the father's house.It is further contended by the defendant that there was no showing that the intercourses, or either of them, took place within Roberts county.This we believe to be without foundation.Prosecutrix testified:

“I saw defendant the night before he quit.I saw him in my room.That room was in my father's house.I was in bed with him that night.He hugged me and kissed me.I had a nightdress on that night.Defendant pulled up my nightdress and had sexual intercourse with me there in bed in my father's house.He put his privates in my privates.I recollectone night when defendant came into my room and his wife came in afterwards.My sister Gladys was sleeping in the same room in another bed.I slept alone that night, when my sister came in.She is defendant's wife.She talked to me and to him.Defendant was in bed with me.I remember getting a letter or a note about Christmas, delivered to me by Stella Richardson.I read that note and saw the handwriting.It was Smiley Williams' handwriting.It was addressed to Stella Richardson.She read the note in my presence.So did Lorna Swayze and I.After I read it, I gave it back to Stella Richardson.I do not recollect anything that was in that letter.I received other letters from Smiley, but not by mail.He gave them to me at home.I recollect Christmas Eve, 1921.I was at the schoolhouse program that might.I saw Smiley there that night.I saw him in the schoolhouse, then in the entry, and then out behind the toilet.I was there by the toilet at that time.He kissed me and hugged me in the presence of Henry St. Clair and Lorna Swayze.My father's home is in Roberts county, S. D. I was 14 years old October 5, 1921.Smiley quit working for father the next night after he had intercourse with me in the bed in father's house.”

[2][3] By assignment 1 defendant predicates error on asking the question and the answer made by Stella Richardson as follows:

“Q.Now, Stella, can you recollect at this time any statement that was in that...