People v. Taylor

McCOMB, J.

From a judgment of guilty of assault with intent to commit rape, after trial before a jury, defendant appeals.

The testimony introduced on behalf of the People disclosed that at about 10 p. m. one evening late in September, 1947, Norma Joyce Sweetwater and Arthur Mae Fulton, aged 13 and 11, respectively, returned from a show at Clearwater, to Norma’s home. They remained there until Norma’s parents came home at which time Norma obtained permission to spend the night with Arthur Mae. On the way to the Fulton home, the girls met Earl Bevill and Calvin Sistrunk, two boys 15 years of age who accompanied the girls to Arthur Mae’s home. The four entered the kitchen of the Fulton house and were drinking coffee when Dolores Fulton, aged 14, the older sister of Arthur Mae, Joanne Kline and two other boys joined them. After the lapse of approximately 10 or 20 minutes there was a knock at the door and Mr. Self asked for Bertha. (Bertha was Bertha Wagner, the mother of Arthur Mae and Dolores Fulton.) Dolores was called to the door and told Mr. Self that Bertha was not there. In fact Mrs. Wagner was asleep in a small building on the rear of the lot upon which the home was located. Self entered the house followed by a man named Taylor and defendant Gray. One of the three last named produced a large bottle of beer and the three commenced drinking from it. Shortly thereafter Norma and Arthur Mae with Calvin Sistrunk and Earl Bevill left the kitchen and went into the front room. Norma and

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Arthur Mae then went to the bathroom and had just started to lock the door when defendant Gray pulled it open. He pushed Norma against the wall and asked her if she would go outside and give him something.

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He put his arm around her and started pushing her. At first she said no, then she said yes, at which time defendant released her and turned to Arthur Mae.

After Dolores and Joanne had gone to bed the remainder of the company including defendant and Norma went outside to play hide and seek. Defendant came up behind Norma, put his arms around her and started to push her toward the side of the house.

Norma testified that defendant Gray, Self and Taylor took her around the house to a shed in the rear, put her on the floor and defendant had an act of sexual intercourse with her. This, she testified, was then followed by an act of sexual intercourse with Taylor, all of which she said was without her consent. Arthur Mae followed Norma around the house and when defendant and his cohorts pulled Norma into the shed, she went and awakened Dolores who came out to the shed. Defendant and his companions then left.