37 Ga. App. 188 | Ga. Ct. App. | 1927
Lead Opinion
Hersey and Griffin were jointly indicted and separately tried for the offense of assault with intent to rape, alleged to have been committed on the person of Louise Johnston. The jury returned a verdict of guilty as to Griffin. His bill of exceptions assigns error upon the refusal of his motion for a new trial.
The evidence submitted at the trial, so far as necessary for consideration here, was as follows: Louise Johnston, the alleged injured female, testified substantially as follows: I am twenty years of age, live in Millen, Georgia, and know Griffin and Hersey. I saw Griffin in January of this year. He came to Millen and fixed a date for himself with Miss Stephens for Monday evening.
Lois Stephens, for the State, testified substantially as follows: I am eighteen years old, and Miss Johnston and myself worked at the telephone exchange, where my mother is in charge, and we live in the telephone-exchange building. Mr. Griffin came to town and called me up and made a date with me, and wanted to know if he could bring Mr. Hersey with him, and I asked Louise Johnston if she would give Hersey a date, and she said she would, and would go to the show. Mr. Griffin and Mr. Hersey came to the exchange at about 7:30 in the evening, and Miss Johnston soon came. We stayed there in the room together for about ten minutes, and when we started off they asked us to go to the picture show with them. We consented, and when'we got down on the street, they suggested that we ride. Mr. Griffin suggested riding, and Mr. Hersey said he would do anything the crowfd did. We said there was no use to ride, as the show was only half a block away. . Then they said they did not want to leave the ear, as in the back seat there were suit-cases and tires. Mr. Griffin got on the front seat of the car and I got next to him, and Miss Johnston next to me, and Mr. Hersey sat on the door of the car. The car was headed away from the show, and we drove on around the block, and Mr. Griffin said we would go by May Taylor’s house, and when we saw no one he drove on out. All the time we kept begging them to turn round, but he turned on another road. Miss Johnston was crying and begging them to turn around. Mr. Griffin turned in and stopped the car in front of a church, and turned off the lights. Miss Johnston asked him what he meant by turriing the lights off, and he said he would put the dimmers on. Miss Johnston began screaming. Mr. Hersey came around to where she was and asked her to get out, and she said she wasn’t going to' do it. Mr. Hersey then dragged her out. She was trying to fight him back. He was -tussling with her at the side of the car, and he finally sue
The defendant Griffin made substantially the following statement: I live in Waynesboro, Ga., and have lived there for ten years. In January I heard about the good jobs down in Florida and went down there, but could not do as well as I expected. I came back, and on the way home in January I passed through Millen, and not having seen any one that I knew for a month, and having known Miss Stephens, and having .called on her before, I phoned her and asked for a date. She gave me the date. Knowing that Hersey knew Louise Johnston, it was suggested that she get a date with her for him, and she did, and said for us to come around about 8 o’clock. When we got to Miss Stephens’ home Miss Johnston was not there, but came soon. We talked about going to the picture and going for a ride. I had been to ride with Miss Stephens before, and I did not see any harm in our going. We rode by May Taylor’s house, but I saw no one there and did not stop. I drove on out the road a mile or two, and Miss Johnston objected to Hersey putting his hand on her shoulder. As I came to the church, Hersey, or Miss Johnston, said 'stop.
The defendant’s good character was testified to by seven men of unquestioned character and integrity from his home town.
Does the evidence justify the conviction of Griffin? We think not. It is contended that the fact that Griffin drove the car and continued to drive over Miss Johnston’s protest, and then stopped where he did and sat there while Hersey was pulling or dragging Miss Johnston, over her protest, to the rear of the car, was sufficient to justify the conclusion that Griffin was engaged in a joint enter
Dissenting Opinion
dissenting. Under all the facts of the case as disclosed by the record, I think the jury were authorized to ñnd that Griffin and Hersey had entered into a conspiracy for the raping of the female by Hersey, and that Griffin was present at the scene of the crime, aiding and abetting Hersey in the latter’s assault with intent to. rape. In my opinion Griffin was guilty as principal in the second degree. See Howell v. State, 160 Ga. 899 (129 S. E. 436).