Mcquirter v. State

63 So.2d 388 (1953)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Allen, a white woman, with her two children and a neighbor's little girl, were drinking Coca-Cola at the 'Tiny Diner.' They started home when she noticed D sitting in the cab of a parked truck. As she passed, D said something unintelligible, opened the truck door and placed his foot on the running board. D followed her down the street and when she reached a friend's house and stopped. As she turned into the house D was within two or three feet of her. She waited ten minutes for D to pass. When she resumed her way, D came toward her from behind a telephone pole. She told the children to run to Mr. Simmons' house and tell him to come and meet her. D saw Mr. Simmons. He turned and went back down the street to the intersection and leaned on a stop sign just across the street from Allen's home. Eventually, D left, and she went on home. When arrested, D stated that he came to Atmore with the intention of getting him a white woman that night. D was charged with intent to rape. D denied that he followed Allen or made any gesture toward molesting her or the children. He denied making the statements testified to by the officers. Officers reported that D claimed that he intended to get a white woman that night, and intended to take Allen to a cotton patch. D denied these statements and gave an innocent explanation for his actions in waiting for his friend to return to the truck. D was found guilty and appealed.