Kelley v. State

The appellant was charged with the rape of a 22 year old girl in January, 1947. After his arrest and appearance he filed a motion for a change of venue from the Judge. By agreement the cause was sent to the St. Joseph Circuit Court. Considering the evidence in its most favorable light to the State, the jury could have found that the appellant and another man, together with the complaining witness, left the home of a friend and the three people, all sitting in the front seat of an automobile, drove away from the friend's home with the expressed intention of taking the young woman to the place where she lived. Instead of taking her home the appellant, who was driving the car, proceeded to a secluded section of the city or its suburbs and then the men changed seats and the appellant moved to the center of the front seat. He then ordered the girl to get into the back seat. She refused and asked that she be taken to her home as requested before this phase of the ride had started. He refused to take her home and began placing his hands on parts of her body, and after some minutes he took hold of her at the shoulders and knees and threw her over into the part of the car which was in front of the rear seat. He then climbed over the back of the front seat of the car and having placed her on the rear seat in a reclining position, commenced to fondle her in an intimate way. During all of this time she was remonstrating and entreating him not to do those things. While she was entreating him and screaming and crying he proceeded to have intercourse with her. He was a large man and she was a small 95 pound girl and was unable to stop him from having his way with her. After he had completed the act, he went to the front seat and his friend then left the front seat and went to the back seat of the car. The young woman reported the occurrence shortly after it happened. The evidence given by the prosecuting witness was corroborated by the appellant's friend who told of her resistance and of her crying and begging the appellant not to do that to her. The appellant admitted the act of intercourse but claimed that the girl was willing and co-operative.