Daniels v. State

Henderson, C. J., delivered the opinion of the Court. The appellant was convicted under a four-count indictment charging buggery, assault with intent to commit buggery, unnatural and perverted practice, and assault and battery. He was ⁷² found guilty generally and sentenced to eight years. The facts are unusual.

Early in the morning of November 28, 1963, the police heard a woman’s screams from the third floor of a vacant building. Upon entering the police found a nude woman, bound hand and foot, extremely cold and highly intoxicated. She had managed to loosen a gag. Her underwear was torn.

She could only remember that the appellant (whom she never identified) had dragged her into the building and “had an affair in my rectum.” Medical testimony tended to corroborate this, (“a tender anal aperture with multiple fissures of recent origin”). A police sergeant testified he saw the appellant and the prosecutrix, a short while before the screams were heard, attempt to gain admittance at a nearby hotel where the appellant had a room, but they were refused admittance. The appellant did not deny going into the vacant building with prosecutrix, but said she solicited him, and he left her after she had voluntarily disrobed and demanded money. He denied having perpetrated any sexual act, but admitted tying her up to keep her quiet.