MCQUIRTER V. STATE 63 So.2d 388 (1953) CASE BRIEF

MCQUIRTER V. STATE

63 So.2d 388 (1953)

NATURE OF THE CASE: McQuirter (D) sought review of his conviction by an Alabama trial court of attempt to commit an assault with intent to rape.

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.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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