Taylor v. State
| Decision Date | 24 April 1947 |
| Docket Number | 1 Div. 279. |
| Parties | TAYLOR v. STATE. |
| Court | Alabama Supreme Court |
Sullivan Holberg, Tully & Aldridge and H. M. Aldridge, all of Mobile, for appellant.
A A. Carmichael, Atty. Gen., and John O. Harris, Asst. Atty Gen., for the State.
The appeal is from a judgment of conviction for rape with infliction of the death penalty. Defendant is of the colored race, a young man of about twenty years of age. The victim was a young white girl fourteen years of age.
Counsel appointed by the court for the defense has very diligently presented the questions raised in the record, both by oral argument and a full and complete brief.
As a foundation for the prosecution, of course, lies the proof of the corpus delicti, and it has been argued that the evidence was insufficient upon which to base the conclusion that the corpus delicti had been established. It is well understood that to sustain an indictment for rape, the act must have been forcible and against the consent of the person on whom the offense was committed--that force, actual or constructive is an essential element. Title 14, § 396, Code 1940; Dawkins v. State, 58 Ala. 376, 29 Am.Rep. 754. We are cited to McQuirk v. State, 84 Ala. 435, 4 So. 775, 5 Am.St.Rep. 381, to the effect that the consent given by prosecutrix may be implied as well as expressed, and the defendant would be justified in assuming the existence of such consent if the conduct of the prosecutrix toward him at the time of the occurrence was of such a nature as to create in his mind the honest and reasonable belief that she had consented by yielding her will freely to the commission of the act. Nevertheless this authority, also, is very careful to state that an acquiescence obtained by duress or fear of personal violence will avail nothing; the law regards such submission as no consent at all. If the mind of the woman is overpowered by a display of physical force, through threats, expressed or implied, or otherwise, or if she ceases resistance through fear of great harm, the consummation of unlawful intercourse by the man would be rape.
The authorities are also to the effect that where there is a reasonable inference deducible from the evidence of the existence of the corpus delicti, the court should submit the question of sufficiency and weight of the evidence tending to support that inference for the jury's consideration. DeSilvey v. State, 245 Ala. 163, 16 So.2d 183; Phillips v. State, Ala.Sup., 28 So.2d 542.
There is no occasion to here set out the details of the crime. Whether the victim was frail or strong and well developed is not disclosed by the record, but, of course, was known to the jury who could observe both the man and the girl. The only thing here shown is the fact that she was a girl fourteen years of age and in the fifth grade at school. The alleged attack occurred between 8 and 9 o'clock at night when the victim went with a girl friend to the schoolhouse to attend a dance. She went out alone to the back of the building in the schoolyard to relieve herself. While there she discovered the defendant approaching. She immediately began to make her way, running, to the schoolhouse and was intercepted. Her evidence is to the effect that the defendant caught her as she was between the two buildings, that she screamed for help twice; that he had a knife with which her hand was slightly cut, and drew it on her and threatened if she screamed again he would kill her. After that she made no further outcry, though she begged him to let her alone. Her testimony is further to the effect that he then pushed her out into the weeds, which was some distance from the building; placed her on the ground and though she tried to push him back was unable to do so and defendant accomplished his purpose. She also testified that he still had the knife with him. It is her recollection that when he 'took her down' on the ground that she kicked off her shoes, and he either removed or made her remove some of her undergarments. She had never seen the defendant before and, from this record, the jury could reasonably infer her fearful reaction to having thus been so suddenly caught unawares.
Counsel seems to lay stress upon some inconsistencies in her statements, or the fact that she did not put up greater resistance or make further outcry. These questions, in light of her testimony, would go to the matter of credibility, but in no manner affect the question of the corpus delicti. To say that this was not established would be to ignore her testimony entirely. In view of this argument, it might be added that we think the jury could well consider the fact that this was a young girl caught unawares and alone at night and evidently much frightened. It could not be expected that she conduct herself entirely as an adult, or in such a way as calm afterthought might suggest.
If, as we have above observed, there is a reasonable inference deducible from this evidence that the corpus delicti had been established, the court should submit the question of sufficiency and the weight of the evidence tending to support that inference to the jury's consideration. DeSilvey v. State, supra. The proof is to the effect, undisputably, that immediately following the attack she ran back to the schoolhouse and made her complaint. She was there given some attention and carried to the hospital where she remained a short while. After the intervention of some three days she was examined by a physician, whose testimony was corroborative as to the assault and the damaged condition of her parts yet bleeding. There was a buckle or bow on one of her shoes. It was discovered near the spot where she had indicated, as well as one of her undergarments. Her dress and slip, removed from her at the hospital (there was proof tending to show the dress disclosed the effect of being on the ground and the slip had stains), were, also, before the jury, as well as a comb, ear or hair jewelry, shoe buckle, her shoes and undergarments, some of which, particularly, the ear or hair jewelry, a comb and shoe buckle, were found on the ground. True, there seemed to have been no formal offering of these articles in evidence, but after they were exhibited before the jury and commented upon, to all intent and purposes they are considered as evidence in the cause. Kabase v. State, 31 Ala.App. 77, 12 So.2d 758; Kabase v. State, 244 Ala. 182, 12 So.2d 766.
There was, also, exhibited to the jury a shirt and some trousers of the defendant, which he had identified to the officers as his own and worn on that occasion. The trousers were examined by the toxicologist, who testified to discovery of blood stains, as well as semen stains, though the alleged crime had been committed some four months previously and the trousers had been washed. These were the trousers defendant wore on the night in question and, of course, this evidence was proper for the jury's consideration. Daniels v. State, 243 Ala. 675, 11 So.2d 756; Phillips v. State, supra. Nor can we find any prejudicial error in the exhibition of any of these articles as belonging to the victim. As to the victim's shoes, we are unable to see anything in their exhibition to the jury which was prejudicial to the defendant and, indeed, there is a connection in that she claims to have kicked them off and the buckle of one of the shoes was discovered on the ground. This also may be said as to the ear or hair jewelry and the comb. For what it is worth the jury could consider these matters upon the question of any struggle or rough treatment.
Counsel lays stress upon Kabase v. State, 31 Ala.App. 77, 12 So.2d 758, involving the conviction of Kabase upon the theory of a conspiracy existing between himself and Ellis, the real perpetrator of the crime, the defendant Kabase having in no manner harmed the victim. The matter of the exhibition of the shoes of the victim in that case and their sudden disappearance from the courtroom, as counsel for defendant desired to comment thereon, are treated at length in the opinion, and a careful study of that case will disclose...
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