Forrest v. StateForrest v. State
- Reporters:
- , , ,
- Before:
- Edwards
Thе plaintiff in error, hereinafter called defendant, was convicted in the district court of Stephens county of rape in the first degree and his punishment fixed at death.
The record discloses that on August 2, 1928, Mrs. H. A. Evans, a white woman, was at her home about three miles north of Comanche with hеr three small children. The defendant, a negro, appeared at the place, broke in *427 the door, and Mrs. Evans with one of the children in her arms fled out of the back door and attempted to go to her husband, who was wоrking almost a mile away. The defendant, who was armed with a pistol, pursued and caught her and pointed the pistоl at her and threatened to kill her. She screamed, but wаs unable to make any one hear. He forced her back into the house, and the children fled. He pressed the pistol against her temple and forced her to submit to outrage. Defendant was apprehended аnd Hon. Cham Jones, a leading member of the bar of that section of the state, was appointed to defеnd. The case came on for trial; defendant was arraigned, informed fully of his constitutional rights, and entered a plea of guilty. The court, before accepting the plea, asked his counsel if he had anything to say. His counsel informed the court that he had conferred with defendant, had advised him fully of his constitutional rights and the punishment fixed by law for the crime charged; that defendant had at all times advised him he was guilty as charged and would plead guilty. He stаted further that he knew of nothing that he could do further, and stood ready to carry out any directions of the court in behalf of defendant if the court felt there was anything further that should be done to safeguard the rights of defendant. The court also’ heard tne testimony of the victim of the crime. It disclosed a most brutal crime. Defendant stated tо the court that her statement was true. The defendant at the time further informed the court that he was an escaped prisoner from the penitentiary in Texas, wherе he had been serving a sentence for rape.
Section 1837, Comp. St. 1921, defines rape in the first degree and section 1838, Comp. St. 1921, fixes the punishment at death or by imprisonmеnt in the penitentiary not less than fifteen years.
*428 As we view the record in this case, if any case of rape in thе first degree warrants the death penalty it is this case. Wе perceive no mitigating circumstances. A defendаnt convicted of this dastardly crime under the circumstances shown has forfeited the right to live, and the sentencе of death was properly assessed.
There is nothing in this сase that would justify thisl court in interfering with the judgment and sentencе. The judgment appealed from is therefore affirmеd.
It is further ordered by this court that the warden of the penitentiary proceed to carry into execution the judgment of the district court of Stephens county, and May 23, 1930, is fixed as the date for executing the judgment pronounced.
DAVENPORT and CHAPPELL, JJ., concur.