Criminal Law

Brief

McQuirter v. State

Procedural History:

• Found guilty of an attempt to commit an assault with intent to rape.
• Appealed.
• Affirmed.

Facts:

• June 29, 1951, Mrs. Allen, a white woman, with her two children and neighbors little girl were on their way home when they noticed appellant sitting in the cab of a parked truck.
• As she passed the truck the appellant said something unintelligible to them and placed his foot on the running board.
• Appellant then followed them down the street and later came toward her.
  • At this point she had the children run to the house and get Mr. Simmons.
• When appellant saw Mr. Simmons he turned and went back down the street.
• The Chief of Police testified that appellant stated at the jail that he didn’t know what was the matter with him and that he had been drinking a little.
• He had made up his mind that he was going to sit in his truck and get the first girl he saw.
• That he was going to carry her in the cotton patch and if she hollered he was going to kill her.
• Appellant denied these statements.

Issue:

• Is the defendant guilty of an assault with an intent to rape?

Holding:

• Yes. Affirmed.

Reasoning:

• To justify a conviction for an attempt to commit an assault with intent to rape the jury must be satisfied beyond a reasonable doubt that the defendant intended to have sexual intercourse with prosecutrix against her will, by force or by putting her in fear.
• The court felt the evidence was sufficient enough to submit to a jury and thus confirmed the conviction.