Pate v. State

415 So. 2d 1131, 1980 Ala. Crim. App. LEXIS 1328
CourtCourt of Criminal Appeals of Alabama
DecidedAugust 19, 1980
Docket1 Div. 144
StatusPublished
Cited by3 cases

This text of 415 So. 2d 1131 (Pate v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pate v. State, 415 So. 2d 1131, 1980 Ala. Crim. App. LEXIS 1328 (Ala. Ct. App. 1980).

Opinion

HARRIS, Presiding Judge.

Appellant was indicted by the Grand Jury of Mobile County on separate indictments charging him with the rape of two girls on the same night and at the same place. The cases were consolidated for trial and on appeal. Prior to arraignment he was found to be indigent and the court appointed counsel to represent him. At arraignment, in the presence of appointed counsel, he waived the reading of the indictments, and pleaded not guilty. The jury returned separate verdicts finding appellant guilty as charged in the indictments and he was separately sentenced to twelve years in the penitentiary. The trial judge specifically ordered that the sentences were to run consecutively. After sentences were imposed appellant gave notice of appeal and was furnished a free transcript. Trial counsel was appointed to represent appellant on this appeal.

At the conclusion of the State’s evidence appellant made a motion to exclude the evidence on the ground that the State failed to make out a prima facie case against appellant. This motion raised the sufficiency of the evidence. Appellant filed a written request for the affirmative charge as to each victim of the alleged rapes. The sufficiency of the evidence was also raised in a motion for a new trial.

The evidence presented by the State and on behalf of appellant was in sharp conflict and only a jury could unravel the extremely conflicting evidence and arrive at a verdict.

[1133]*1133For the purposes of this opinion the victims will be referred to as Kim and Jean. Kim testified that she was eighteen years of age and lived with her parents in Grand Bay, in Mobile County, Alabama. Her parents were engaged in a farming operation and she worked on the farm when she was needed. She had known Jean for. about four years. They were in high school together. On the seventh day of May, 1979, they were out together in Jean’s automobile to celebrate Kim’s birthday. They went to a shopping center first and then to a steak house to eat. They had planned to go to a movie after leaving the steak house but the time was 9:30 p. m. and it was too late to see a movie. Jean suggested that they go to a local bar and dance for a while and Kim agreed. Jean suggested the Fireside Lounge in downtown Mobile and they arrived at this lounge around 10:30 that night. Kim had heard this was a “gay” bar but she had not been there before this occasion. They got a table and talked for a while. They did not drink alcoholic beverages in any form or fashion but danced several times. A “gay” young woman came to their table and asked if she could sit with them and they agreed. This woman was named Rose and she was drinking beer and asking other patrons to buy her beer. It was getting late and Kim and Jean decided it was time for them to go home. They got up to leave and Rose, though uninvited, followed them out the front door of the lounge to the parking lot where Jean had parked her car. When they got to the car Jean walked to the passenger’s side to unlock the door for Kim.

Three men were standing around the car parked next to Jean’s. They turned out to be appellant, Ray Pugh and Paul Harrison. Suddenly and without warning these men grabbed Kim and Jean and forced them into the back seat of another automobile. The girl named Rose knew appellant and she voluntarily got in the back seat of the car with appellant and the other girls. Ray Pugh and Paul Harrison got in the front seat. The car belonged to Paul Harrison’s father and Paul drove the car. They drove around for a long period of time and finally the motor, either accidentally or by design, went dead and the men opened the car door and let Rose out. Then Paul cranked the motor and drove off leaving Rose on the roadway. Kim and Jean protested and told the men to turn around and pick up Rose. The men responded by saying they were just playing a joke on Rose and they would return and get her in a few minutes. Paul drove the car out into the country and stopped in a woody and secluded spot.

Kim and Jean got out of the car and tried to stay close to each other waiting for an opportunity to run. They were restrained by the men from running and were told to calm down, that everything would be all right, that this had happened before, and all they had to do was calm down. According to Kim appellant kept hitting Jean in the face and then pushed her into the bushes. One of the other men had Kim by the neck and shoulders and pulled her further away from the place where appellant had Jean in the bushes. He kept telling her to calm down and not make appellant mad. Kim testified that the man holding her pushed her down, removed her panty hose and had sexual intercourse with her against her will; that after he finished appellant then came to her and forced her to have sexual intercourse with him against her will.

After the crime was committed they forced Kim and Jean back into the car and started driving in a wild and reckless manner. She stated that during this ride appellant put a knife to her throat and said, “You don’t think we can let you go now, do you?” and the men just all laughed. Finally, appellant and the other two men released Kim and Jean on a dirt road near a church. They walked about a block from the church to a residence and banged frantically until a man opened the door. The man was named L. B. Loper. They asked him to call them a cab to take them back to town. The time was around 3:00 a. m. and Mr. Loper told them they could not get a cab that early in the morning and he called the Sheriff’s Department. When the officers arrived the girls told them they had been raped and they were taken to the [1134]*1134University of South Alabama Medical Center and were examined by a physician. The officers took the girls back to the scene of the rape where they recovered Jean’s broken glasses and Kim’s panty hose.

On cross-examination Kim testified that it was Jean’s idea to go to the Fireside Lounge and although she had never been there before she knew it was a gay bar. She stated that they arrived at the bar at about 10:30 on the night of May 7, 1979, and that neither had any alcoholic drinks; that she had a coke and Jean drank only water. They danced several times and after a while a girl named Rose invited herself to join them at their table; that Rose was drinking beer and trying to get people to buy her beer. After about an hour and a half Kim and Jean decided to leave and Rose got up to leave with them.

Kim further testified that she did not see appellant until they walked out to get in Jean’s car and did not see his face clearly until she was forced into the other car. This other car was an old blue Nova. Appellant and the three girls were in the back seat and the other two men were in the front seat. The car stalled and Rose got out to fix it and the men drove away leaving Rose.

After they arrived at the dump everyone got out and appellant repeatedly struck Jean in the face. One of the other men forced Kim on the ground and pinned her shoulders to the ground. He then removed her underclothes and raped her.

Jean testified that she was twenty-one years of age and was a college student in Troy, Alabama. On May 7, 1979, she and Kim went to the Fireside Lounge in Mobile after eating supper at a steak house. Jean had been going to the Fireside for about a year and a half and she knew it was known as a gay bar. She and Kim danced for several hours and they met a girl who called herself “Little Rose.” When they left the lounge Jean was grabbed from behind and pulled into a car.

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Related

Hagood v. State
777 So. 2d 162 (Court of Criminal Appeals of Alabama, 1998)
Johnson v. State
555 So. 2d 818 (Court of Criminal Appeals of Alabama, 1989)
Ex Parte Pate
415 So. 2d 1140 (Supreme Court of Alabama, 1981)

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Bluebook (online)
415 So. 2d 1131, 1980 Ala. Crim. App. LEXIS 1328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pate-v-state-alacrimapp-1980.