McQuirter v. State
63 So. 2d 388 (1953)
Rule of Law:
To sustain a conviction for an attempt to commit an assault with intent to rape, the prosecution must prove the defendant's specific intent to have non-consensual sexual intercourse through force or fear. A jury may infer this intent from the totality of the circumstances, including the defendant's actions, subsequent confessions, and the social context.
Facts:
- On the night of June 29, 1951, as Mrs. Ted Allen and several children left a diner, the appellant, a Black man, was sitting in a parked truck.
- The appellant said something unintelligible to Mrs. Allen, exited his truck, and began following her down the street.
- When Mrs. Allen stopped at a neighbor's house, the appellant came within two or three feet of her.
- After Mrs. Allen waited ten minutes and proceeded on her way, the appellant reappeared from behind a telephone pole.
- Mrs. Allen sent the children ahead to a neighbor's house for help; when the neighbor, Mr. Simmons, appeared, the appellant retreated.
- The appellant then stood across the street from Mrs. Allen's home and watched it for approximately thirty minutes.
- Following his arrest, the appellant confessed to police that he had decided to 'get the first woman that came by,' take her to a cotton patch, and kill her if she screamed.
Procedural Posture:
- The appellant was indicted on a charge of assault with intent to rape.
- In the trial court, a jury found the appellant guilty of the lesser included offense of an attempt to commit an assault with intent to rape.
- The jury assessed a fine of $500, and the trial court entered a judgment of conviction.
- The appellant filed a motion for a new trial on the ground that the verdict was contrary to the evidence, which the trial court denied.
- The appellant (appellant) appealed the judgment of conviction to the intermediate appellate court.
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Issue:
Does the evidence, consisting of a defendant following a woman, his subsequent detailed confession to police of his intent to rape her, and the racial difference between the parties, provide sufficient grounds for a jury to find the defendant guilty of an attempt to commit an assault with intent to rape?
Opinions:
Majority - Price, Judge
Yes, the evidence was sufficient for a jury to find the defendant guilty. An 'attempt to commit an assault with intent to rape' is an attempt to rape that has not proceeded far enough to constitute an assault. The key element is intent, which is a question for the jury to determine from the facts and circumstances. The court holds that a jury question is presented if there is evidence from which it may be inferred that the defendant intended to gratify his lustful desires against the victim's resistance. In this case, the defendant's actions of following the victim, combined with his detailed confession to law enforcement, were ample evidence to sustain the conviction. Furthermore, the court cited precedent, Pumphrey v. State, allowing a jury to consider social conditions and customs founded upon racial differences in determining intent.
Analysis:
This case illustrates the legal principle that specific intent for an inchoate (or incomplete) crime can be proven through a combination of circumstantial evidence and a defendant's own admissions. It highlights that the overt act required for an 'attempt' does not need to be a physical assault, but merely an action that moves the defendant's intent into the realm of conduct. Critically, the opinion reflects the judicial norms of its era by explicitly sanctioning the jury's consideration of race as a factor in determining criminal intent, a practice that is now unconstitutional and recognized as inherently prejudicial. The case serves as a historical example of how racial biases were formally incorporated into legal reasoning.
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