Brown v. State

106 N.W. 536 (1906)

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Nature of the Case

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Facts

D and the victim were children of neighboring farmers who had known each other all their lives. D was twenty years old, the prosecutrix sixteen. On October 29th, the prosecutrix took a usual path across fields to her grandmother's. D was in the field driving out hogs and repairing a fence, and, she addressed him in a playful way with reference to his work, and he suspended the same and came up to her. She alleged that at once D seized her, tripped her to the ground, placed himself in front and over her, unbuttoned her underclothing, then his own clothing, and had intercourse with her; that the only thing she said was to request him to let her go, repeatedly. She tried to get away as hard as she could, she pulled at the grass; screamed as hard as she could, and D told her to shut up, and then he held his hand on my mouth until she was almost strangled. She made no mention of any use of her hands or her lower limbs. After the completion of the intercourse she says he made her promise not to tell, and, upon her doing so, allowed her to arise. She was eventually taken to the family physician for examination. It disclosed a fresh rupture of the hymen and a condition of the genital parts indicating recent sexual intercourse, but not significant as to whether the same had been accomplished forcibly or otherwise. Her person nowhere showed any bruises or injuries, nor did her clothing, except for a rip about an inch long in her drawers. She stated she had not resisted or made any fight. D claimed she offered no resistance at all or even any outcry. There were no marks upon his face, hands, or clothing of any struggle. She weighed 117 pounds. D weighed 150 pounds. D was convicted and appealed.