Suggs v. State

• Decision Date: 09 March 1904
• Parties: SUGGS v. STATE.
• Court: Texas Court of Criminal Appeals

79 S.W. 307

SUGGS v. STATE.

Court of Criminal Appeals of Texas.

March 9, 1904.

Appeal from District Court, Titus County; P. A. Turner, Judge.

Will Suggs was convicted of assault with intent to rape, and appeals. Reversed.

Ralston & Ward, for appellant. Howard Martin, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

Two years' imprisonment in the penitentiary was allotted appellant on conviction of assault with intent to rape. The evidence discloses that defendant had been waiting upon prosecutrix; that is, they had been going out together on occasions for some time. On the evening of the alleged assault she was driving in a buggy with appellant, and among other places visited a graveyard, where appellant's father was buried. On leaving the graveyard they were to go to the home of prosecutrix. Appellant chose the route of an old and unused road, stating it was a nearer way. This old road was grown up with brush, and considerably incumbered with logs, so that it was with some difficulty the buggy could be driven. After going some distance, appellant stopped the horse, and requested prosecutrix to kiss him. This she declined. Thereupon he placed his arms around her shoulders. Prosecutrix jerked loose from him, and jumped out of the buggy, her cape falling off. She secured the cape, and started to run. Appellant ran after her and caught her by the shoulders, but did not say anything. Prosecutrix was crying and screaming, and begging him to let her alone. She testified at this point: "He then threw me down on my back, and got down on the ground on his knees, and tried to mistreat me and take the advantage of me. I fought him all I could, and did all that was in my power to keep him off of me. I pushed him off of me with my hands, and kept him from getting on me. I had a considerable struggle with defendant, and finally got loose from him, and started to run off, and defendant after me. He told me to wait until he could turn the buggy around, and he would take me home. But he did not catch me the last time. He said he was sorry, and I told him I would die before I would get back in the buggy with him." From this point prosecutrix went to Johnson's, whence one of the school boys accompanied her home. Another witness testified that the clothes of prosecutrix "on her back were wet in several places." This is the substance of the state's case. The testimony of appellant is, in substance, the same as that of prosecutrix up to the point of the alleged assault. In regard to that matter he testified: "When we got into the buggy, I said to Miss Laura there was an old road we could go and intersect the Clarksville public road, and that would be nearer to go home. When we got in the buggy she took the lines, and when I suggested we go the old road, she reined the horse into that road, and drove until we came to some fallen timber, and I was afraid she would run the buggy against a tree, and then I took the lines and drove. When we got down in the old road, I stopped the buggy, and laid my arm around her shoulders, and asked her to kiss me. She jerked loose from me, and jumped out of the buggy, and I tried to keep her in the buggy. Her cape fell off in the buggy at the time she jumped. I got out of the buggy, and handed her cape to her, and asked her to get in the buggy, and told her I did not intend to hurt her, and told her I was sorry, and would take her home. She told me she would die before she would get back into the buggy with me. I then took hold of her arm, and asked her to get back in the buggy, and she tried to get loose,...