McQuirter v. State

Around 8:00 p.m., Mrs. Allen, a white woman, was walking home from a restaurant with her children when she passed McQuirter (defendant), a black man, sitting in a truck. As she passed by, McQuirter said something unintelligible to Allen, got out of the truck, and began walking behind her down the street. Shortly thereafter, Allen turned into a friend’s driveway and McQuirter walked passed her to the end of a street where he leaned against a stop sign. After about 30 minutes, Allen saw McQuirter walk back towards the truck and Allen went home. McQuirter was later arrested for attempt to commit an assault with the intent to rape. At trial, the chief of police testified that McQuirter told him he had “made up his mind that he was going to get the first woman who walked by…carry her to the cotton patch and if she hollered he was going to kill her.” McQuirter testified that he was sitting in the truck when he decided to go to the “Front”—the black section of town—to look for a colleague. McQuirter started walking up the street when he saw Allen and the children. Once McQuirter reached the intersection, he testified that he sat there for a few minutes, decided to go to the Front, stayed at the Front for about 30 minutes and then came back to the truck. McQuirter denied that he was following Allen for any illegal purpose or to do her any harm. McQuirter was convicted of attempt to commit an assault with the intent to rape and he appealed, arguing that the trial court erred in refusing the general affirmative charge and in denying his motion for a new trial on the ground that the verdict was contrary to the evidence.