Furlotte v. State

350 S.W.2d 72, 209 Tenn. 122, 13 McCanless 122, 1961 Tenn. LEXIS 354
CourtTennessee Supreme Court
DecidedJuly 26, 1961
StatusPublished
Cited by8 cases

This text of 350 S.W.2d 72 (Furlotte v. State) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Furlotte v. State, 350 S.W.2d 72, 209 Tenn. 122, 13 McCanless 122, 1961 Tenn. LEXIS 354 (Tenn. 1961).

Opinions

Ms.. Justice Busnett

delivered the opinion of the Court.

The plaintiff in error was indicted and convicted for violating Section 39-4301, T.C.A., by threatening to injure Paul Wright for the purpose of compelling Wright to sign a statement to the effect that he (Paul Wright) had engaged in an illicit love affair with the defendant’s wife. The jury imposed a minimum and maximum sentence of two years for this offense.

There are some seven assignments of error but they could really all be boiled down and considered as one in that the insistence is that the evidence preponderates against the verdict and in favor of the innocence of the plaintiff in error. In other words this insistence is based around the argument that the acts of the plaintiff in error do not show a violation of the Code Section under which he is indicted (39-4301, T.C.A.). In order for determination of the question, it is necessary for us to make a brief summary of the evidence and apply the [124]*124proper construction of this statute under the evidence produced.

At the request of the plaintiff in error Paul Wright came to the home of the plaintiff in error about noon on January 22, 1959, and according to Wright after he had talked with the plaintiff in error for some four or five minutes, the plaintiff in error pulled a pistol from under a pillow on the couch on which he was sitting and began to inquire if an illicit relationship had not existed between Wright and the plaintiff in error’s wife. Wright says he denied these things, and it was only when the plaintiff in error’s wife came into where they were and insisted that he tell the plaintiff in error everything, and then upon the plaintiff in error pulling out this pistol and likewise pulling out a statement that he, the plaintiff in error, had written, that Wright agreed to the things written in this statement. He likewise says that he did not sign this statement and would not agree to these things until he was compelled to do so at the point of this pistol.

After the statement was signed, Wright started to leave and had some difficulty in opening the door. He says at this time that he was struck on the back of the head. This blow was serious enough that when he put his hand back to feel it there was blood, and as a result of this Wright went to a doctor’s office.

Prom the doctor’s office the police were informed of this instance, and they in turn went to the home of the plaintiff in error and were informed that the plaintiff in error was not there. They doubted these statements of the wife of the plaintiff in error and began a search of the house. In doing this they found the plaintiff in error [125]*125hidden under a dressing table with cnrtains around it. The officers likewise made a search of the house for a pistol but were unable to find one. They did though find a hole in the floor which is shown in the transcript of the evidence, and it is testified, that this hole was recently made. The plaintiff in error denies that he shot this hole there, and says that it was there when they moved into the house.

Some six months previous to this occasion the plaintiff in error and Wright had met at a restaurant and discussed the alleged affair that Wright was having with the wife of the plaintiff in error. Wright had been going to the restaurant of the plaintiff in error for some time prior to this, drinking beer, etc., and in this way he had become acquainted and interested in the wife of the plaintiff in error. The plaintiff in error apparently was suspicious of this and found out about it before he met Wright six months before the happenings related hereinabove. At this meeting at the cafe Wright admitted that he had been out with the wife of the plaintiff in error and had kissed her a few times but denied any illicit relations with her. Apparently at this meeting the plaintiff in error agreed with Wright that he would not inform Wright’s wife about these occurrences.

The plaintiff in error testified in his own behalf to the effect that he had Wright sign the statement after questioning Wright about the occurrences which had happened in the past six months since their cafe meeting, and after questioning him about it and Wright having admitted having done these things that he, plaintiff in error, wrote out the statement of the illicit relationship with the wife of the plaintiff in error, and then Wright [126]*126signed this statement. Plaintiff in error in his testimony denies that he had written this statement out previous to the time Wright arrived at his home in January when the statement was signed. In a statement given the police officers immediately after arrest he makes contradictory statements. In other words, the only inference from this statement that he made to the police immediately after arrest, was that he had this statement which was to be signed already written out when Wright arrived at his house in January. The plaintiff in error further says that Wright did have some difficulty getting out the door and that when he went to help Wright open the door, Wright tired to take the signed statement away from him (plaintiff in error) and then a fist fight took place between them, that is, plaintiff in error and Wright, in which plaintiff in error’s wife got hit on the nose.

Thus it is that we have inconsistent stories of these two parties, that is, the prosecuting witness and the plaintiff in error; we have inconsistences in the statements of the plaintiff in error made immediately upon arrest and those made upon the witness stand. All of these things including the respective witnesses on each side, those of the State and the testimony of the plaintiff in error, who appeared before the trial judge and jury, and we have the finding of that body supporting the theory of the prosecuting witness and other State’s witnesses. Under such a situation it is the universal rule that the jury resolves these conflicts in the evidence and by their verdict has established the credibility of the witnesses. We are bound thereby. Hargrove v. State, 199 Tenn. 25, 281 S.W.2d 692. By this finding of the jury they apparently accepted the prosecution witness’s statement that he was forced or required by pistol point [127]*127to sign the statement to the effect that he, Paul Wright, was having an illicit relationship with the defendant’s wife. This statement in the admitted handwriting of the plaintiff in error, signed by Wright is in the record. It is so vulgar in many ways that we deem it unnecessary to here quote.

After reading this record we think unquestionably that the evidence does not preponderate against the verdict of the jury, and, to us, it is very believable, and, even if we were trying this as a jury from what we have read and seen of it, we think that Wright is correctly detailing the facts.

The statute in question, Section 39-4301, is the only Section under Chapter 43 of the Code, entitled, Threats and Extortion. The Section reads:

“If any person, either verbally or by written or printed communication, maliciously threaten to accuse another of a crime, offense, or immoral act, or to do any injury to the person, reputation, or property of another, with intent thereby to extort any money, property, or pecuniary advantage whatever, or to compel the person so threatened to do any act against his will, he shall, on conviction, be punished * *

This statute under which this indictment was laid consists of a single sentence.

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Furlotte v. State
350 S.W.2d 72 (Tennessee Supreme Court, 1961)

Cite This Page — Counsel Stack

Bluebook (online)
350 S.W.2d 72, 209 Tenn. 122, 13 McCanless 122, 1961 Tenn. LEXIS 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/furlotte-v-state-tenn-1961.